what documents do i need to take with me to a bankruptcy lawyer

• Financial Records. Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you.
• Legal Records. Any legal history or pending litigation involving you is information you'll want to disclose to your attorney.
• Additional Documents. The following list is a combination of assets you own and what you need to verify your income. ...
• Documents Needed To File Chapter 7. There are a number of documents you need before filing for a Chapter 7 bankruptcy. Planning To File Bankruptcy?

What documents do I need to start a bankruptcy?

Your Miami bankruptcy attorney will help you by preparing the following materials:

• Voluntary bankruptcy petition
• Photo identification
• Social Security card
• Business information name, if any
• Certificate of Credit Counseling (a debtor must take this course before filing);
• Prepared creditor matrix
• A list of all your debts and assets.

What documents do you need in order to file bankruptcy?

Necessary documents include:

• Proof of registration
• Proof of insurance
• Car loan statement showing how much you owe and your monthly payment
• The value of the car. (You can get an estimate online.)

What forms are needed to file bankruptcy?

forms may be required: Disclosure of Compensation Pursuant to Federal Bankruptcy Rule 2016(b) (Form 2030) Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119) Disclosure of Compensation of Non-Attorney Bankruptcy Petition Preparer (Official Form B 280)

What information do I need to file for bankruptcy?

• List of Debts – Make a list of all of your outstanding debts. ...
• Proof of Income – Your income is directly relevant to your bankruptcy filing. ...
• State and Federal Tax Returns – Collect copies of your state and federal tax returns for the last three years. ...

More items...

How do I prepare myself for bankruptcy?

The first step to prepare for bankruptcy is to gather proof of your income. Copies of your tax returns and copies of proof of income for the past six months are required when you file a Chapter 7 case. To prepare for bankruptcy under Chapter 7, you must complete the Chapter 7 Means Test.

What do you need when you file bankruptcies?

The bankruptcy document checklist is:Basic personal information.Income documentation.Tax returns.Real estate.Vehicle titles and records.Bank statements.Alimony/child support verification.Credit/debt records.More items...

Do I need credit card statements for bankruptcy?

Even though it is not a formal requirement under the Bankruptcy Code, most Chapter 7 bankruptcy trustees ask filers to provide them with a copy of their bank account statement before the 341 meeting. Many ask for the statement that covers the filing date while some request several months of bank statements.

What's the first step to filing for bankruptcy?

What is The First Step In Filing For Bankruptcy? After you have decided to file for bankruptcy, the first step is to file a petition with the Bankruptcy Court. On the petition, all your of your debts and property must be listed as well as other schedules of assets and liabilities.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

Does bankruptcy look at bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary. However, it is rare for them to keep close tabs on every account.

Should I close my bank account before filing bankruptcy?

You'll want to open checking and savings accounts at a bank that doesn't service any of your debt and use the new account for banking purposes before filing bankruptcy. Again, you don't need to close other accounts—leave them open and report all accounts when filling out your bankruptcy paperwork.

Do they freeze your bank account when you file Chapter 7?

Some banks will freeze your account as soon as they find out about the bankruptcy. They do it to protect the assets for creditors. In most cases, you or your attorney can ask the bankruptcy trustee to contact the bank and release the freeze. The trustee will likely do so if you're entitled to the funds.

What debts are not discharged in bankruptcy?

The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.

What are 5 types of debt dischargeable in bankruptcy?

The types of debt Chapter 7 bankruptcy discharges are:credit card debt.medical bills.personal loans and other unsecured debt.unpaid utilities.phone bills.your personal liability on secured debts, like car loans (if there's no reaffirmation agreement)deficiency balances after a repossession or foreclosure.More items...•

Do you get out of all debts if you declare bankruptcy?

Bankruptcy Can Wipe Out Credit Card Debt and Most Other Nonpriority Unsecured Debts. Bankruptcy is very good at erasing most nonpriority unsecured debts other than school loans. For instance, you can discharge unsecured credit card debt, medical bills, overdue utility payments, personal loans, gym contracts, and more.

What documents do you need to file for bankruptcy?

If your bankruptcy is business bankruptcy, you may need to bring additional documentation, including company balance sheets, budget reports, financial statements, and a list of company property;

How to organize before filing for bankruptcy?

One way debtors organize, before filing a bankruptcy, is creating a bankruptcy document checklist. Another common way is to suggest a list of questions to ask a bankruptcy attorney. Both of these methods are effective, because a bankruptcy attorney needs to review the person’s financial background thoroughly before determining whether filing for bankruptcy is a credible legal option. After the decision to file has been made, even more documents may be required in order to determine what type of bankruptcy is necessary.

What if I Can’t Find a Document or if I Forgot To Bring One?

If you can’t find a document that you think you need for your bankruptcy or if you forgot to bring a document to a meeting with your lawyer, you should tell your attorney as soon as possible, so that they can take note and take the appropriate action to help you. Furthermore, if something like this happens make sure you don’t panic. This is because usually, the court will give you some additional time to gather the different documents and resources that will be used during the bankruptcy proceeding.

How Long Does Bankruptcy Take?

Depending on the type of bankruptcy you wish to file, the length of time it takes for the process to be completed from start to end vaires. Generally, a Chapter 7 bankruptcy takes less time to complete then a Chapter 13 bankruptcy. A Chapter 7 bankruptcy eliminates all of your debt without a repayment plan necessary. While a Chapter 13 bankruptcy takes more time because it requires a structured repayment plan.

Why is bankruptcy considered a document intensive process?

When considering all the different types of legal proceedings, bankruptcy can be one of the most document intensive. This is because whether a bankruptcy is recognized by the courts is based on the value of the debtors assets compared to the amount of debt owed to other creditors.

Why is it important to have a bankruptcy attorney?

Because filing for bankruptcy is a complex legal claim, finding the right bank ruptcy attorney is important. A bankruptcy attorney will help you decide whether or not to file for bankruptcy, and what type of bankruptcy you should file. Additionally, if you decide to file, an attorney can help ensure that your property is protected, ...

Why is it important to contact a bankruptcy lawyer?

Frequently, the debtor will forget a piece of information necessary to complete the bankruptcy, that is why it is very important to contact a qualified bankruptcy lawyer if you have any questions.

Bankruptcy Consultation Documents: What to Bring to Your First Meeting with Your Lawyer

The most important, mandatory documents to bring to your initial bankruptcy consultation are a list of your outstanding debts and a list of your assets, focusing on major assets, such as houses, cars, boats, trailers, timeshares and the like.

Contact a Bankruptcy Attorney Today for a Free Consultation

If you are thinking of filing for bankruptcy, you are not alone. Lawyers can help you decided whether or not you even need to file a bankruptcy, but if you do, they’ll let you know which chapter would be most appropriate.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

What number do you file a debtor form with?

Individual debtors will file forms that begin with the number 100, while non-individuals will file forms beginning with the number 200. Thankfully, though, most of these documents can wait to be produced during the retainer and filing process, and need not be brought to the initial consultation. While debtors certainly are able to file ...

What was the burden of bankruptcy in 2005?

One of the biggest burdens under the “new” bankruptcy law that was forced upon debtors and their attorneys in 2005 was the requirement to produce volumes and volumes of documents. In addition to the formal schedules and statement of affairs, you’ll need to get together a lot of paperwork to file bankruptcy. One nationally known attorney ...

What to do if you find bankruptcy?

If you find bankruptcy staring right in your face, it is time to become proactive. And one of your first actions should be to contact an experienced bankruptcy lawyer in your state. A lawyer is simply indispensable in leading you through the intricate steps of bankruptcy. The first question that will arise in filing bankruptcy is which chapter ...

What is done outside of bankruptcy courts?

Unlike other courts, much is done outside the bankruptcy courts, such as appointing trustees to carry out administrative duties in all types of bankruptcy cases. This results in the minimal interaction of the debtor with the bankruptcy judge.

How long does Chapter 13 bankruptcy last?

However, you need to repay your creditors under a plan that may extend up to three or five years. A Chapter 13 bankruptcy protects you from wage garnishments, lawsuits and other actions by creditors. Chapter 13 checklist gives the list of documents needed and you can obtain it online.

What is bankruptcy court?

A bankruptcy court is totally dedicated to bankruptcy cases, much like civil and criminal courts. The judges of such courts are fully empowered to decide on eligibility issues and for granting debt discharges.

How long does it take to forward pay stubs to a lawyer?

Forwards pay stubs of last 60 days before petition filing to the lawyer. In its absence, executes a financial affidavit.

How long does it take to file for bankruptcy?

If you are already in possession of these documents, it will take only a few days for your lawyer to prepare and file for bankruptcy. Bankruptcy filing offers you protection, making you immune to creditors calling, threatening or suing. It will also prevent repossession, foreclosure and garnishment.

How long does it take to complete credit counseling before filing for bankruptcy?

Credit counselling: This is a mandatory condition for those who file for bankruptcy. You need to complete the first course within six months before the debtor files for bankruptcy. You can complete the credit counselling course online itself.

What Information Do You Need to Complete the Bankruptcy Forms?

Most of the information you'll need to fill out your bankruptcy paperwork will be in those documents, including asset value and income information. For example, you'll use the income documentation to calculate your average monthly income. Similarly, you'll look to your real estate and car documentation to fill in the parts regarding the value of these assets, your lenders, and monthly loan payments.

How to get a credit report for bankruptcy?

Start by finding loan statements or bills so that you can list each of your creditors in the bankruptcy. Alternatively, you can obtain a credit report that shows all your debts; however, be aware that you're required to list the creditor's billing address, and that address rarely shows up on your credit report.

What does a bankruptcy trustee do when a debtor loses financial paperwork?

When a bankruptcy debtor (filer) loses financial paperwork in a natural disaster, the bankruptcy trustee must: avoid taking action against a debtor who can't produce documents. grant reasonable requests to ease filing requirements, and. take into account a decrease in income or increase in expenses.

How long do you have to file a chapter 7 tax return?

You'll usually need to provide copies of your tax returns or tax transcripts for the last two years in a Chapter 7 case, and four years in a Chapter 13 matter. If you have unfiled returns because you weren't required to file—for instance, your only income source was nontaxable disability benefits —you'll need to explain why.

What do trustees need for mortgages?

Also, plan to provide mortgage statements showing current loan balances and payment amounts. Some trustees also require the deed of trust and proof of home insurance.

Do you have to send utility bills to bankruptcy trustee?

You should also look at your utility bills and other expenses to determine accurate figures for your monthly utilities and expenses, such as food, dry cleaning, and transportation to name a few. Usually, you won't be required to send these documents to the trustee (unless your expenses are higher than usual, in which case you might trigger a bankruptcy audit ).

Do you have to provide bank statements to bankruptcy trustee?

Recent bank and retirement account statements must be provided to the bankruptcy trustee for all accounts.

What do I need to bring to a bankruptcy consultation?

Preparing for a bankruptcy consultation, no matter if you’re within the Southern District of California Department of Justice, or within another place of jurisdiction, mostly boils down to preparing the same important documentation to bring to your initial consultation:

What to do before filing for bankruptcy?

What you definitely have to do prior to a bankruptcy consultation is prepare a list of all your debts, which may include medical bills, vehicle loans, credit cards, personal loans, mortgages, as well as any other outstanding loans you may owe. If you’ve been sued, or you’ve received a summons, you should bring that too.

What does a bankruptcy attorney ask you?

A bankruptcy attorney will ask you why you're considering filing for bankruptcy and determine whether filing for Chapter 7 or Chapter 13 bankruptcy will help you solve your financial problem.

How to know if you qualify for bankruptcy?

After determining your primary issue, the lawyer will assess whether you’re qualified to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, by asking questions about your family size, income and assets, the type of debt you owe, and any recent purchases or property transfers. Here are a few examples:

What to expect at a bankruptcy consultation?

It’s natural to want to know what questions to expect at a bankruptcy consultation, and the first shouldn’t be surprising—you’ll be asked why you’re considering filing for bankruptcy. The attorney will want more information before deciding whether bankruptcy will solve your debt issues, however, and will use the consultation to find out about your overall financial situation. In this article, you’ll learn about the questions you’ll answer and the documents you’ll want to bring so that you’ll be well prepared for your bankruptcy meeting.

What should an attorney be willing to answer?

The attorney should be willing to answer all of your questions in a friendly, helpful, and unhurried manner. If you don’t feel comfortable, you might want to consult with someone else.

Why do people show up in an attorney's office?

Preparing for the Attorney’s Questions. Most people show up in an attorney’s office because they need help with one of a small number of problems— and the attorney will be aware of this pattern. For instance, when a bankruptcy attorney asks you what prompted you to call, it’s likely that you’ll say that your debts are piling up and ...

Why do people show up in bankruptcy?

Most people show up in an attorney’s office because they need help with one of a small number of problems— and the attorney will be aware of this pattern. For instance, when a bankruptcy attorney asks you what prompted you to call, it’s likely that you’ll say that your debts are piling up and that the stress is becoming unbearable. But you could be facing one of the following situations, too, and if you are, the lawyer will want to know about it because it will require quick attention:

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What information do you provide to your attorney?

You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information . Your lawyer will use it to prepare the official forms and then go over the completed paperwork with you to ensure accuracy.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

What is the responsibility of a bankruptcy attorney?

For these reasons, one of the responsibilities of your bankruptcy attorney is to know the local rules and filing procedures.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

What type of hearings can an attorney represent you at?

Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.