Bankruptcy FAQ's
Overview | Types of Bankruptcy | Prepare to file | After filing
Getting Ready to File Your Case
What documents do I need to start a bankruptcy?
Can I ask questions of the Clerk at the Bankruptcy Court?
What services can a bankruptcy Petition preparer provide?
What is a Bankruptcy Trustee and who is the United States Trustee?
What documents do I need to start a bankruptcy?
A representative from our office will discuss this with you in detail, and will ensure that all of the required forms are filed with the Court. To get started, though, we will need you to provide copies of ALL of the following documents to us:
1. Your tax returns for the preceding 3 years (or transcripts of those tax returns). Request transcripts by calling (800) 829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). Allow two weeks for delivery.
2. ALL of your pay stubs (or other proof of income if you're self employed or unemployed) for the past six months;
3. Current credit reports; call to get them for free: Experion: (888) 397-3742; TransUnion: (800) 888-4213; Equifax: (800) 685-1111.;
4. Any other documentation of payments which you have received in the last 180 days;
5. Deeds to any real estate in your name;
6. Statements showing balances owed on mortgages/cars, etc.;
7. Tax liens or any other judgments;
8. UCC 1 security and financing agreements;
9. Notices of levy, garnishment or repossession;
10. Notices from any tax collection agency;
11. Leases or rental agreements;
12. Purchase money security interests (loan agreements) for vehicles or personal property;
13. Life, health, vehicle and other insurance policies;
14. Wills and pending probate papers where you will inherit;
15. Partnership agreements, other evidence of interests in business;
16. Petitions and schedules for any prior bankruptcy within the last 8 years;
17. Lawsuits and judgments against you or filed by you against anyone else;
18. Written appraisals (if any) for home, valuable personal property, vehicles;
19. Bills of any kind with balances still owed;
20. Notice of foreclosure, eviction notice, etc.;
21. Letters from law firms or collection agencies who have contacted you regarding debts;
22. A COPY of your social security card and driver's license (or other government issued photo identification);
23. A copy of your most recent property tax bill for your home, if you own or are buying one.
Can I ask questions of the Clerk at the Bankruptcy Court?
Yes, BUT just know that Title 28 of the United States Code prohibits any member of the Clerk’s office staff from giving any advice that may be considered legal in nature.
What services can a bankruptcy Petition preparer provide?
Bankruptcy Petition preparers are permitted to provide services limited to the typing of forms. They may not advise you in any way. Further, bankruptcy law prohibits bankruptcy Petition preparers from collecting or receiving any Court fees connected with the filing of your case. Consequently, all Court fees connected with the filing of your case, including the filing fee and miscellaneous administrative fees, must be paid directly by you to the Court. The failure of any bankruptcy Petition preparer to comply with the law should immediately be brought to the attention of any Trustee appointed in your case and the local Office of the United States Trustee.
What is a Bankruptcy Trustee and who is the United States Trustee?
In all Chapter 7, 12, 13 and in some Chapter 11 cases, a case Trustee is assigned. In Chapter 7 cases they are called Panel Trustees. In Chapter 12 and 13 cases they are called Standing Trustees. The Trustee’s job is to administer the bankruptcy estate, to make sure creditors get as much money as possible, and to run the first meeting of creditors, (also called the 341 meeting, because 11 U.S.C. § 341 of the Bankruptcy Code requires that the meeting be held). The Trustee either collects and sells non exempt estate property, as in the case of a Chapter 7, or collects and pays out money on a repayment Plan, as in the case of a Chapter 13. The trustee can require that you provide, under penalty of perjury, information and documents, either before, after, or at the meeting. You should always cooperate with the trustee, since failure to cooperate with the trustee could be grounds to have your discharge denied. Trustees do not have to be lawyers. The Court does not pay trustees. The United States Trustee appoints the trustees. The trustees report to the Court, but their fees come out of the bankruptcy filing fees or as a percentage of the money distributed to creditors in the bankruptcy. The United States Trustee’s Office is part of the U.S. Department of Justice, and is separate from the Court. The United States Trustee’s Office is a watchdog agency, charged with monitoring all bankruptcies, appointing and supervising all Trustees, and identifying fraud in bankruptcy cases. The United States Trustee’s Office cannot give you legal advice, but they can give you information about the status of a case, and you can contact them if you are having a problem with a Trustee, or if you have evidence of any fraudulent activity. In monitoring cases, the United States Trustee reviews all bankruptcy Petitions and pleadings filed in cases, and participates in many proceedings affecting the case. However, they do not administer the case, themselves. They can bring motions in the bankruptcy, such as ones to dismiss the case, or to deny the debtor’s discharge.
Overview | Types of Bankruptcy | Prepare to file | After filing