what to bring to lawyer when filing for bankruptcy

Initial Bankruptcy Consultation – What to Bring

1. IDENTIFICATION. Bankruptcy law requires that you provide proof that you are who you say you are. ...
2. PROOF OF INCOME. Bankruptcy law requires that you provide proof of your average monthly gross income from all sources for the last 6 months beginning with the first month ...
3. BANKING RECORDS. ...
4. INCOME TAX RETURNS. ...
5. HOUSEHOLD EXPENSES. ...
6. ACCOUNT STATEMENTS. ...

More items...

Full Answer

What should I bring to my bankruptcy meeting?

Feb 28, 2018 · 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.

What documents do I need to file for bankruptcy?

Find out what you need to bring to your first appointment with a bankruptcy lawyer. Call us at 901-201-6012. You can also reach our lawyers online. ... We help people file for bankruptcy relief under the Bankruptcy Code. This ad does not create an attorney-client relationship until a written agreement is signed.

What should I bring to my first meeting with my lawyer?

master:2022-04-05_10-14-50. When you fill out your bankruptcy paperwork, you'll be asked to disclose information regarding your financial affairs, such as your income and expenses, assets and debts, and property transfers. Also, you'll need to provide certain documents to the bankruptcy trustee to prove the accuracy of the information provided.

Do I need an attorney to file bankruptcy?

You have to bring everything with you. What to bring with you At the very least, you should come prepared with all of the following documents when you meet your lawyer the first time: all bills and collection letters for credit cards, personal loans, store cards, student loans, tax bills, etc. whether they are up-to-date or not

How do I prepare for a bankruptcy meeting?

0:195:35Bankruptcy Meeting of Creditors Preparation - YouTubeYouTubeStart of suggested clipEnd of suggested clipFirst it's really important to bring a photo ID. So a driver's license or passport.MoreFirst it's really important to bring a photo ID. So a driver's license or passport.

What type of things Cannot be discharged when you file for bankruptcy?

Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.

What can you spend your money on when filing bankruptcy?

You can fully discharge any unsecured debt, like credit cards, or medical bills. Some debts are considered nondischargeable, including alimony, child support, and most student loans. Filing bankruptcy also triggers the automatic stay, which in turn stops any future garnishment or repossession.Oct 1, 2021

Does bankruptcy clear all debts?

Declaring bankruptcy won't wipe out all debts and some types of debt will survive the bankruptcy. In other words, if you declare yourself bankrupt, you will still be required to pay: court-ordered penalties and fines. child support and maintenance payments.Mar 20, 2019

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Mar 21, 2022

Does bankruptcy take all your money?

Keeping the cash you've deposited in a bank account isn't easy to do in bankruptcy. Any cash or money you have in the bank on the day you file for bankruptcy becomes property of the bankruptcy estate, and keeping it will depend primarily on your state's exemption laws.

Can I deposit money after bankruptcy?

Can I Put Money in the Bank After Bankruptcy? Federal law provides that money deposited into your bank account after bankruptcy cannot be taken by your creditors. The reason this rule is that bankruptcy deals with the assets and debts you had before you filed your case.Aug 19, 2011

What Documents Do You Need to File For Bankruptcy?

The documents you’ll need are the same whether you are filing a Chapter 7 bankruptcy or Chapter 13 matter, with slight variations. However, for exa...

Retirement and Bank Accounts

Recent bank and retirement account statements must be provided to the bankruptcy trustee for all accounts.IdentificationWhen you go to your hearing...

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....

Credit Counseling Requirement

In addition to the documents above, the law requires that you complete a credit counseling class and obtain a certificate before you can file for b...

What documents are needed for Chapter 7 bankruptcy?

There are a number of documents you need before filing for a Chapter 7 bankruptcy. Although the specific documents may vary depending on your type of case and the district you file, you will at least need to gather the following before filing your petition: 1 Your tax returns 2 Pay stubs 3 Appraisals of your home, jewelry, and other exempt assets 4 Your car titles 5 Evidence of child support/alimony obligations 6 Bank statements 7 Proof that you took credit counseling

How does bankruptcy affect your life?

It could also have a major impact on your daily life. Filing for bankruptcy can affect your credit and property.

What are the first documents you should collect?

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. For example, if your financial documents show you have a regular income, your best fit may be Chapter 13 bankruptcy.

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 ...

Memphis Bankruptcy Attorney

If we have the information we need, The Law Offices of Philip F. Counce can take quick action to stop foreclosure and repossession and begin the bankruptcy process.

The Information We Need

So that we can give you a full picture of what needs to be done, bring the following information, if possible:

Certificate Required To File

Before you can file a bankruptcy case you must obtain a certificate that you have completed a credit counseling course from an approved agency of the U. S. Trustee. This counseling is very easy to complete and usually takes about one hour or less by phone or online at a cost of as little as $9.95.

Contact Us Today

Call now to learn about what options are available to you in your particular financial situation. Contact our law firm today online or call 901-201-6012 to schedule a FREE CONFIDENTIAL CONSULTATION.

What information do you need to file for bankruptcy?

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.

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.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. 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.

Do trustees require proof of bankruptcy?

Not only do some trustees require more proof than others, but the particular evidence you'll have to produce will also be determined by the facts of your case. Below are the most commonly required documents in bankruptcy.

Can you file for bankruptcy after a natural disaster?

But not only are jobs and property lost, but the paperwork required to file for bankruptcy can end up missing, too. Fortunately, provisions are made for such emergencies. When a bankruptcy debtor (filer) loses financial paperwork in a natural disaster, the bankruptcy trustee must:

What do bankruptcy lawyers need to know?

In order to help you best, your bankruptcy lawyer will need to know about your life and finances. They will want to know what has brought you to consider bankruptcy , such as credit card debt, difficulty paying a mortgage, medical bills, and so on. They might also ask: If you’re married. If you have children. How much money you and your spouse make.

What does it feel like to be a bankruptcy lawyer?

Many clients also find themselves getting emotional during their first meeting with a bankruptcy lawyer. You might feel loss, anxiety, sadness, anger, fear, or even relief. Your lawyer understands that it’s natural to feel emotions as you start your bankruptcy journey, so don’t feel ashamed if they come up during your first meeting.

What to expect at a free bankruptcy consultation?

At your free bankruptcy consultation, you’ll meet your bankruptcy lawyer for the first time and share information about your financial situation and goals. Your attorney will use that information to determine if bankruptcy is right for you, and if so, what type. In order to get the best advice possible, you should prepare for your first meeting ...

How long do you have to take credit counseling before filing for bankruptcy?

Take Credit Counseling. Every person who files for bankruptcy has to take a credit counseling course in the 6 months before their bankruptcy petition is filed with the court. This is a requirement in both Chapter 7 and Chapter 13 cases.

How often can you file for bankruptcy?

You can file bankruptcy under Chapter 7 once every 8 years . Chapter 13 bankruptcy is another type of bankruptcy available to consumers. The main difference to Chapter 7 is that you pay back some of your debts through the Chapter 13 trustee. Your monthly payment is based on how much you’re able to pay.

How much does it cost to file for bankruptcy?

The federal court charges a filing fee of $338 for a Chapter 7 bankruptcy. This amount is typically due when the bankruptcy petition is filed with the court. If you don’t have the funds to pay the filing fee now, you apply to pay your fee in installments, after your case has been filed.

How many pages are there in bankruptcy?

The bankruptcy forms include at least 23 separate forms, totaling roughly 70 pages . The bankruptcy forms ask you about everything you make, spend, own, and owe. You’ll also include some bankruptcy basics, like what type of bankruptcy you’re filing under and whether a bankruptcy lawyer is helping you.

How many monthly payments can you make in bankruptcy?

You can ask to make up to 4 monthly payments. If paying in installments isn’t even possible, you can submit another form to apply for a fee waiver. To qualify, your total household income must be under 150% of the federal poverty line. The court will decide whether bankruptcy laws support granting you a waiver.

How long does it take to rebuild credit after bankruptcy?

Either way, once granted permanent debt relief in the form of the bankruptcy discharge, most people are able to rebuild their credit score in less than one year. Collect Your Documents.

What are some examples of debts that are not listed on your credit report?

Some of your debts may not be listed on your credit report. Common examples include medical bills, personal loans, payday loans, and tax debts. Make a list of all debts not on your credit report so you don’t have to look for the information when you’re filling out your bankruptcy forms .

Financial Records

Legal Records

Additional Documents

Documents Needed to File Chapter 7

• There are a number of documents you need before filing for a Chapter 7 bankruptcy. Although the specific documents may vary depending on your type of case and the district you file, you will at least need to gather the following before filing your petition: 1. Your tax returns 2. Pay stubs 3. Appraisals of your home, jewelry, and other exempt asset...

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