What information is needed to file bankruptcy?

  1. Last two years of tax returns – 2016 and 2017 State and Federal.
  2. Last 6 months of paycheck stubs.

If you are married but filing as an individual, you must also turn-over copies of your spouse’s pay check stubs if you are living together. Your spouse’s credit will not be impacted. Only the dollar amounts from the paystubs will appear on the bankruptcy. A debtor’s eligibility to file for bankruptcy is determined from the household income. An attorney can explain the income requirements which apply to your location and household size.

  1. Copies of all correspondence related to your debts including: collection letters, summons and complaints, and writs of garnishment. If you do not have collection letters, we will rely on your credit reports.
  2. All debtor’s must complete credit counseling online www.accessbk.org.
  3. If applicable, a copy of your most recent mortgage and/or auto loan statement.
  4. If applicable, copies of your retirement account statements. For the most part, all retirement accounts are exempt (protected from turn-over). However, if the debtor recently used non-exempt property (e.g. cash) to fund a retirement account such as an IRA, your attorney can explain how to proceed.
  5. If anyone is contributing money to your household expenses, my office needs documentation substantiating the payments.
  6. If you are leasing a property you own to someone else, I need an accounting of all rental payments received and all expenses incurred related to the rental property.
  7. In some cases, additional information may be required. This is especially true of self-employed clients who at a minimum must provide Profit and Loss statements for each of the previous 12 months.
  8. Signed copy of the bankruptcy fee agreement.
  9. We will use the documents and the online questionnaire to prepare your petition, schedules and other related bankruptcy documents for filing with the bankruptcy court.

You must review and sign the documents before filing. Attorneys are prohibited from collecting any of their attorney fees after the case is filed except for chapter 13. In a chapter 13, the attorney can be a creditor in the repayment plan.

If you are a consumer who is overburdened with debt, you may want to consider filing for personal bankruptcy. A Bankruptcy lawyer will process the bankruptcy petition (which is at least 45 pages long), calculations, and schedules for you, and take the necessary precautions to ensure all of your creditors receive notice of your bankruptcy petition. Don’t take the chance that one or more of your debts will not be discharged by hiring a petition preparer or by going it alone. An attorney will ensure that you are provided the quality legal advice and representation you need to get a fresh start.

I charge a reasonable fixed legal fee to represent and prepare my client’s chapter 7 and chapter 13 bankruptcy petitions. The base fee includes full representation through the order of discharge. In most cases, the first meeting of creditors is the only court appearance a client will make before receiving their bankruptcy debt discharge. The court charges an additional filing fee.