What Documentation Is Needed In a Bankruptcy Case?

bankruptcy

What Documentation Is Needed In a Bankruptcy Case?

When individuals or corporate entities file a bankruptcy case, their complete, current, and, to some extent, past financial histories must be disclosed to the U.S. Trustee and U.S. Bankruptcy Court. The rules of bankruptcy procedure and federal bankruptcy law require debtors to complete and file certain forms in a bankruptcy case, whether filed under Chapter 7, 11, 12 or 13. These forms include schedules of a debtor’s assets and liabilities, statement of financial affairs, and, in Chapter 7 cases, a statement of intention. Debtors must also provide tax returns and evidence of wage income or other earnings to the U.S. Trustee. Here is a look at some of the other paperwork or documentation that bankruptcy debtors are required to provide.

*Certificate of Credit Counseling:

Before the filing of any Chapter 7 or Chapter 13 bankruptcy case, an individual debtor must complete a credit counseling course. Once completed, the credit counseling agency issues a certificate to a debtor in proof of his or her compliance.

*Evidence of earnings:

Debtors must provide pay stubs or other evidence of earnings that are received within 6 calendar motnhs before the date of the bankruptcy case filing. A spouse’s pay stubs for six months must be provided even if the spouse is not filing the bankruptcy case, unless the parties are separated and the non-filing spouse lives in a separate household.

*Bank statements:

Debtors must also provide recent bank and retirement account statements to the bankruptcy trustee.

*Federal & state tax returns:

A debtor must provide filed tax returns for the two years prior to the year the bankruptcy case is filed. Any individual who hasn’t filed past tax returns will likely experience problems having a Chapter 13 plan of repayment confirmed. If a Chapter 13 plan is not confirmed then a debtor’s case may be dismissed.

*Bills

A debtor must provide copies of bills or statements for their debts of provide other information concerning the creditors and amounts due.

*Driver’s license and Social Security Card:

Debtors must provide both forms of identification to the bankruptcy trustee when they attend their meeting of creditors under § 341 of the Bankruptcy Code, also called a “341 meeting” by bankruptcy attorneys.

*Certificate of Personal Financial Management:

Before the bankruptcy court enters a discharge order in a Chapter 7 or Chapter 13 case, each individual debtor must take an approved personal financial management course.

*Other required documentation:

Debtors that are self-employed must provide a profit and loss statement, and bank statements to confirm any stated amounts of profits and losses. A real estate appraisal may be necessary based on the property’s value and the equity available. Income from sources such as social security, disability, or rental properties necessitate some written statement clearly proving the amount of income as stated. Also, any domestic support obligation requires that the debtor provide a court order or divorce decree. Self-employed debtors also may be required to provide monthly reports throughout the case concerning monthly income and expenses.

A bankruptcy case requires a vast amount of paperwork, forms, and other documentation. Thus, it requires the involvement of an experienced bankruptcy attorney. At H. Lehman Franklin, P.C., our Georgia bankruptcy attorneys help ensure that all documentation is sufficiently gathered, as well as correctly and timely filed in any bankruptcy case. H. Lehman Franklin has been involved in the Statesboro community for over 50 years offering help to those who suffer from serious financial stress. H. Lehman Franklin and Kimberly Ward offer caring, knowledgeable, experienced representation on behalf of all those who must file bankruptcy to solve their financial problems. Don’t hire just any lawyer to defend your case. You need a lawyer who has years of legal experience.

Our office is located at 127 North Main Street in Statesboro, GA (30458). We proudly serve Bulloch County, as well as the surrounding counties of Chatham, Candler, Evans, Bryan, Effingham, Screven, and Jenkins. Contact our office by telephone at 912-764-9616, by email at info@hlfranklin.com, or check us out online at hlfranklin.com. We’re available to meet your legal needs Monday through Friday from 8:30 AM until 5:30 PM.