Some areas of life work best without too many rules or guidelines. But when you’re preparing to file bankruptcy, there are definitely some precise steps you must take, including completing detailed forms accurately. This can feel overwhelming, but an experienced bankruptcy attorney can ensure your case is filed correctly without any omitted paperwork. I’ll provide only the forms you need, some pre-filled with basic information so that you can be confident in moving forward. I’m up to date on the most current bankruptcy laws and requirements and will guide you through the process, answering any questions that come up along the way.
Voluntary Bankruptcy Petition
The Voluntary Bankruptcy Petition gives an overview of your situation and some basic information about you. It includes your personal details such as your name, date of birth, social security number, and contact information. We’ll list which chapter of bankruptcy you’re filing and how (as an individual, married couple, or business). You’ll also need to list any previous bankruptcies you’ve filed and the types of debt you’re currently responsible for. On “Exhibit D,” you’ll certify that you’ve completed your pre-filing credit counseling course. I’ll give you a list of providers and ensure this is taken care of before we file. At this time, we’ll also submit a Statement of Affairs; this demonstrates your financial history before you got to the point of bankruptcy.
Series of Schedules
The Voluntary Bankruptcy Petition shows the big picture of your case, and the information you provide is supported by a series of other forms, or “Schedules.” This is where you list out all the details about your assets, income, property, debts, and expenses. These forms will all be in a comprehensive packet to make their completion easier. You may not need to complete all of the forms, but these are the various options:
Schedule A – Real Property
Schedule B – Personal Property
Schedule C – Property Claimed as Exempt
Schedule D – Creditors Holding Secured Claims
Schedule E – Creditors Holding Unsecured Priority Claims
Schedule F – Creditors Holding Unsecured Nonpriority Claims
Schedule G – Executory Contracts and Unexpired Leases
Schedule H – Codebtors
Schedule I – Your Income
Schedule J – Your Expenses
The end of your packet will include a Summary of Schedules, which lists all of the Schedules relevant to your case. We’ll also submit the Declaration Concerning Debtor’s Schedules, stating that everything you’ve provided in your paperwork is true and accurate. Depending on which chapter of bankruptcy we’re filing, there will be other supporting documents. If you’re filing a Chapter 7, we’ll need to demonstrate you’ve passed the Means Test and include a Statement of Intention. Part of your Chapter 13 filing will be documents showing your proposed repayment plan.
One Step at a Time
Dealing with debt and bankruptcy can be stressful enough without wondering if you’ve completed your paperwork correctly. When you work with me, you won’t need to worry about accuracy because I’ll handle all the details for you. I’ll ensure you’re well informed from the time we meet to your 341 meeting, to your payment plan or discharge of debts.