Bankruptcy Documentation

Supporting Documentation To properly evaluate your case I require the following:
(If you can’t get it all together prior to our initial free consultation, show up anyway with whatever you can find)

1. INCOME
60 days of pay stubs or pay advices from all sources provided you have a lower income (ask me if you don’t know).
7 months of pay stubs or pay advices from all sources if you have a higher income. You must include your disability, social security, retirement, worker’s comp, unemployment, general relief, spousal and child support which you receive as well. I must have all sources of income.
Self-Employed, then I require a completed Profit & Loss for the 6 months prior to the filing date of your case.

2. CARS
Car Registrations
Car Insurance Policy Declarations Page
Car Statements showing the pay offs
Print Outs from the Kelly Blue Book showing the trade in value of the vehicles.

3. HOUSES
Statements showing the balances on the loans for all loans for all houses.
Statements from the HOAs showing the monthly payments.
Statements (usually shows in the impounds) showing how much the home owner’s insurance and property taxes are.
Recent Comparable Sales or a recent appraisal on the real estate. If you have equity, then probably an appraisal will be helpful if there is a substantial amount. However, if you are interested in a chapter 13 where you can strip the 2nd mortgage lien off of your house, then an appraisal is a must. Call my friend Bruce Adams 858-442-4666 for an appraisal. Do not discuss the mortgages or liens on the property with him.
Grant Deed – If your real estate is co-owned with someone to whom you are not married, then I also need the grant deed proving the joint ownership, unless there is no equity in which case, it doesn’t matter.

4. TAXES
The most recently required to be filed tax returns. If you own a corporation, then we must turn those in as well. If you are doing a chapter 7 then I only need the most recent tax returns which were required to be filed, and if you are doing a chapter 13, then I need the most recent two years.

If you do not have the returns – “You can obtain a free transcript on the IRS.gov Website (www.irs.gov) by clicking Order a Transcript under the Online Services option, or by calling 800-908-9946 and following the prompts in the recorded message, or by completing and mailing a request for a transcript to the address listed in the instructions.

The IRS has created a new Form IRS Form F4506 Tax Transcripts EZ Form, it is Short Form Request for Individual Tax Return Transcript, to order a transcript of a Form 1040 series return. The IRS created this streamlined form to help those taxpayers trying to obtain, modify or refinance a home mortgage.”

The attached instruction page indicates where to fax the form to the Fresno Office of the IRS.

5. BANK STATEMENTS
The most recent 60 days worth of bank statements for any and all bank accounts.

6. RETIREMENT ACCOUNTS
Statements or administrative documentation stating what kind of retirement account you have, whether it’s an IRA or a 401k or something else.

7. UCC1 STATEMENTS
Must be provided with filed stamps from the County Recorder’s if it applies. If you don’t know what it is, probably it doesn’t apply.

8. BUSINESS
Insurances – If you own a business, then proof of all the insurances required in the industry for that business, such as premises liability insurance, general liability, errors and omissions, worker’s compensation, etc.
Shares – Proof of the percentage of ownership or numbers of shares and who are the other share holders.
Corporate Taxes – The most recently required to be filed tax returns.
Corporate Assets – If the corporation owns anything, a list of what it owns, and all the applicable stuff above if the corp owns any of those types of items.
Corporate Debts – A list of all the corporation’s debts. How much and to whom owed, and any evidence of those debts such as bank statements, credit card statements, contracts and so on.

9. YOUR DEBTS
One statement from each account that you owe money or property to. I only need one from each company, but also include the collection agencies, collection attorneys, law suits, judgments, wage garnishments, bank levies, notices of trustee sale, notices of default, and foreclosure and eviction information too.
Taxes – not just one statement, bring me the whole box of every statement or letter ever received from the taxing authority in question for as many years as you have on the subject.
Support, child, spousal or family – bring a copy of the support order or judgment or divorce decree showing how much and for how long you have to pay.
AnnualCreditReport.com will give you all three of your credit reports for free once per year if you haven’t already gotten free credit reports so far this year. However, when you get to the page that have the three options for each of the three credit reports, Equifax, Experian and Trans Union, make sure that you check each of them off the first time that you get there. You can only do one credit report at a time, but if you only check one off that first time that you’re there, they will assume that you only wanted one of them and won’t let you apply for the others anymore.
FreeCreditReport.com requires that you sign up a service that will monitor your credit ratings and reports for you. I believe it still costs $60, but it gives you your credit reports for free. Once you have immediately downloaded your credit reports, (all three in one merged file), because the monitoring service is free the first month, you go back and cancel the service before they have a chance to charge you for it.

10. TITHING and CHARITY
Your church or your favorite charity probably give you at least annually a statement which shows how much you have paid to them. Bring that with you too. It may show on your tax returns. However, if your circumstances have changed and your income has gone up or down, it may not reflect correctly in your last years tax return so you’ll want to bring the statement from your church, pastor or favorite charity.

If this is not a make or break issue for your Means Test, for instance, if you only pay $20 or $40/mo, then it’s going to be less critical that you are able to provide the documentation. If your tax returns are close to what you currently pay, then it’s going to be less critical that you get something from your church. However, if you do pay 10% or more to your church, you’re probably going to have to prove it even if your income is already below the Median Income.

11. INHERITANCE
If anyone has died and left you any money or property that you haven’t yet received, bring all the documentation that you have on it with you.

For instance, if you received a life insurance payment, how much is it, where is it, and was it already given to you or is it being administered by some sort of annuity plan etc?

If an estate is in probate, you must tell me about it.

If someone has died and left you a trust, bring the trust with you. I require access to the trustee to find out exactly how the money or property is held and how much you expect to get and when.

If someone is in ill health and might die and leave you any money or property, let me know.

12. DO YOU HAVE THE RIGHT TO SUE ANYONE FOR MONEY OR PROPERTY WHERE YOU MIGHT WIN
Bring all of the documentation of your claim with you. This possible lawsuit is one of your assets, whether you want to press it forward in court or not, and once you file the bankruptcy, it no longer belongs to you, it belongs to your bankruptcy trustee unless you can protect it and keep it. That may be possible. It may also be possible that the Trustee will decline to pursue it in which case it will revert back to you, but you must give him or her the choice, if you do not and you later change your mind and sue and win, you can be fined or even jailed for stealing from the bankruptcy trustee.

13. QUESTIONNAIRE
Remember to Fill Out My Online Questionnaire
To make a Payment go Here. However, do not make any payments until you have signed your retainers.

14. CREDIT COUNSELING
Before you can file your case, you must submit yourself to credit counseling. It’s called Pre-Bankruptcy Credit Counseling or Pre-Filing Credit Counseling.

Most people do it online. I’ve seen companies that charge $75 per couple or $50 per person and then recently I saw these two. They’re my current favorites.

IF YOU MUST FILE RIGHT NOW! Use this one!
For only $25 per case AccessCounseling.com where your advantage is that you can get someone on the phone or chat if you need to. The turn around is quick and reliable. My law firm code is 35789234.

For only $16 per case Urgent Credit Counseling which is also reliable and quick. This outfit doesn’t use law firm codes but instead wants you to enter my email AttorneyDavidNelson@gmail.com and my fax 858 228 9763.

NEWS FLASH
This one is only $5 but I haven’t had a client who used them yet.
Pre-Filing Bankruptcy Credit Counseling for $5 or possibly as low as $0.
ONLY If you have some extra time before your case is filed, use this one.

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2 Responses to Bankruptcy Documentation

  1. Tim G says:

    Hi David,
    Question: A few years ago, I had to go to the hospital for my heart. I racked up about 40 thou. of bills and the hospital helped me to apply and get approved for CMS. In order to qualify for CMS I had to sign a Lien or something stating that in the future if I ever bought a house or anything else expensive that CMS would take it from me. My question is, will filling for a 13 or 7 or whatever it is I’ll be doing, take away the Lien that is against my future ability to own property, so that say 10 years from now when I have finally saved enough money for a house, they won’t be able to take it away from me?

    Thanks my friend,

    Tim G

    • A lien of that sort which is recorded with the county recorder is not a lien until it has something to lien on. Because you don’t own any real estate yet, there is no lien yet. There is only the authorization to give a lien once you own the house. Bankruptcy revokes that authorization. Because that authorization will be revoked prior to buying the real estate, there won’t be a lien created once the house is purchased. Nevertheless, because the authorization will still be recorded and the people at the County are not lawyers, they will think that they have a lien and you’ll end up arguing with them that there is no lien. However, you will win, and at that time in the future, you’ll have to get me or another attorney to write to them to tell them leave you alone or you’ll sue them for contempt in the Bankruptcy Court. This is why bankruptcy is so great, if you end up having to sue them to get them off your back, they have to pay your attorney to sue them for you. And you’ll win hands down too.

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