Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in.
If you have specific bookkeeping, accounting or tax questions, we suggest that you consult an accountant or lawyer who practices in these areas. Introduction: Why Keep Books and Records? There are several reasons to keep books and records:
Not only will you receive legal advice, but a bankruptcy attorney will handle the paperwork from start to finish. Below are some of the most common types of services you can expect from your bankruptcy lawyer. (Not sure how much you should pay? Start by reading Average Attorney Fees in Chapter 7 Bankruptcy .)
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.
Accountants can be hired, with court approval, by debtors, bankruptcy trustees, and Chapter 11 creditor or equity security holder committees. Fees for work done by the CPA as part of the bankruptcy qualify as administrative expenses. Administrative expenses are entitled to payment priority from estate assets (11 U.S.C.
The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms. For example, if you listed your car loan as $500 a month, the trustee will use your bank statements to ensure that amount is being reflected on your bank statements.
Being dishonest during bankruptcy proceedings is prohibited, and it could cost you far more than you think.
Exemptions allow you to keep a certain amount of assets safe in bankruptcy, such as an inexpensive car, professional tools, clothing, and a retirement account. If you can exempt an asset, you don't have to worry about the bankruptcy trustee appointed to your case taking it and selling it for your creditors' benefit.
The following are several ways people attempt to hide assets in bankruptcy proceedings:Lying about owning assets.Transferring assets into another person's name or giving them to someone else to hold.Creating fake liens or mortgages to make the assets appear like they have no value.
Last six months of bank statements. Every bankruptcy trustee will ask for bank statements. The debtor's attorney must review bank statements to uncover suspicious transactions before filing the case.
The U.S. Department of Justice's Trustees Program, along with the Federal Bureau of Investigation (FBI), are some of the agencies primarily responsible for investigating allegations of federal or white-collar bankruptcy fraud.
Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.
Some of the most common debts that you cannot get rid of in bankruptcy are debts from child or spousal support, most student loans, most tax debts, wages you owe people who worked for you, damages for personal injury you caused when driving while intoxicated, debts to government agencies for fines or penalties, and ...
Domestic support obligations, like alimony and child support are always considered non-dischargeable debts in bankruptcy. You can't get rid of past due domestic support payments by filing a bankruptcy case. This is one of those public policy interest exceptions.
If you're wondering whether the bankruptcy trustee appointed to your case will look at your bank account after you file for bankruptcy, the answer is "Yes." Turning over your bank statements is a part of the bankruptcy process.
Before you go to court, you'll need to prepare a full financial statement. This is so that your creditor can see whether you can afford to pay back the debt and how much. The financial statement shows in detail: how much money you have coming in.
The bankruptcy trustees go about finding hidden assets by taking a close look at your debts, as well as doing public record searches, online analysis, tax returns, review reports from former spouses or friends, as well as payroll slips that may show deposits into banks or accounts that you have not listed in your ...
To find out if you've got savings or are expecting a pay out, your creditor can get details of your bank accounts and other financial circumstances. To do this they can apply to the court for an order to obtain information. You'll have to go to court to give this information on oath.
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.
Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.
In general, your retainer agreement (the contract you and your attorney sign) will outline the services your bankruptcy attorney will provide . Your attorney's job is also to provide you with competent advice throughout the bankruptcy process.
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.
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.
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.
Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.
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.
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.
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.
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.
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.
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:
The minimum requirements are aimed at protection of the public and therefore focus on trust records.
By-Law 9 requires you to deposit any trust money you receive immediately into your trust account. You should record the following information on all your copies of trust deposit slips:
There should be no trust ledger accounts in your name, your firm name, or any other name such as “miscellaneous”, “suspense”, or “unknown”, that is not a client’s name. Each client’s receipts, disbursements and balance are listed separately so you know how much you have in trust for each client.
Bookkeeping also has three different types of insurance. These include;
Doubts are everywhere and you need to eliminate them. When dealing with numbers, there is a high chance of making small mistakes that cost a lot. Therefore, you need to be extra careful with that.
Usually, people do not hire a personal attorney all by themselves. It becomes a bit expensive and you have to pay monthly to your attorney. Furthermore, he won’t be doing anything other than waiting for something bad to happen to you.
You cannot do your job properly if you are under continuous stress. For example, you have to write payrolls for clients. But even before you start the job, everyone around starts telling you about the risks. They tell you that you might get sued if you make a slight mistake. Thus, you will work very consciously to not make any mistakes.
Professional liability insurance does not only provides insurance for safekeeping your documents but also for other things. If you are a bookkeeper you might think that this insurance will only deal with the mistakes that you made in your work. They are not going to deal with your mistakes.