Filing a bankruptcy case necessitates the disclosure of a debtor’s complete, current financial history. It also includes providing tax returns and evidence of earnings to the bankruptcy trustee. Of course, federal law and the rules of bankruptcy procedure mandate that certain internal forms must be filed in a bankruptcy case, such as schedules of a debtor’s assets and liabilities, statement of financial affairs, and, in Chapter 7 cases, a statement of intention. In addition to these forms, what documentation must a debtor provide in a Chapter 7 or Chapter 13 bankruptcy case?
- Certificate of Credit Counseling: A debtor must receive credit counseling prior to the filing of a Chapter 7 or Chapter 13 bankruptcy case. This certificate is issued by the credit counseling agency to a debtor after completion of the credit counseling course.
- Driver’s license and Social Security Card: To attend a meeting of creditors under § 341 of the Bankruptcy Code, (commonly called a “341 meeting”), a debtor must provide both forms of identification to the bankruptcy trustee.
- Bank statements: Recent bank and retirement account statements typically must be provided to the bankruptcy trustee for all accounts.
- Federal & state tax returns: A debtor must provide tax returns, which were filed, for the two years prior to the year the bankruptcy case is filed. If you haven’t filed past tax returns, you will encounter difficulty having a Chapter 13 plan of repayment confirmed in your bankruptcy case.
- Evidence of earnings: Debtors must provide payment advices or other evidence of payment received within 60 days before the date of the filing of the petition.
- Certificate of Personal Financial Management: Before the bankruptcy court may enter a discharge, each individual debtor must take an approved personal financial management course.
- Miscellaneous documentation: Debtors that are self-employed must typically provide a profit and loss statement, as well as bank statements for the business which verify the amounts of profits and losses. Also, a real estate appraisal may be necessary depending on the property’s value and any available equity. Income from other sources such as social security, disability, or rental properties, will require some statement proving the amount of this income. Any domestic support obligation requires that the debtor provide proof in the form of the official court order or divorce decree.
A bankruptcy case requires a vast amount of paperwork, forms, and other documentation. Thus, it requires the assistance of an experienced bankruptcy attorney. The experienced South Florida defense attorneys at Loan Lawyers are here to help you if your financial position necessitates the consideration of a bankruptcy case filing under Chapter 7, 11, or 13. To schedule a free consultation at any of our three conveniently located offices, contact Loan Lawyers today by calling (888) FIGHT-13 (344-4813).