Bankruptcy /Debtor Protection
Overwhelmed. That’s the first word that comes to most people’s minds when they can’t keep up with the bills and payment obligations that seem to be coming in like enemy fire.
You’ve done some research and seen billboards advertising bankruptcy attorneys who will get you the relief you need quickly and without a great financial expense. Don’t believe the hype.
Filing for bankruptcy is an enormous decision that you need to think long and hard about and carefully go about. It’s not a simple way to just eliminate credit card debt, but if you use it when under dire circumstances it should result in the stated goal of providing you with a “fresh start.” Our team is committed to navigating the daunting task of getting a hold of your finances with you and getting you relief from the onslaught of creditors. If interested in working with us please fill out the form below and schedule a 15 minute call with us here to figure out if you’re a good candidate for bankruptcy protection or an alternative that may be available to you if you own a business.
Bankruptcy Information Form
Bankruptcy is a right provided by law to people who are deeply in debt and in need of a fresh start. Bankruptcy will discharge many of your debts and you will not have to pay them, except, in some cases, secured debts for the purchase of particular merchandise or debts on which you gave a mortgage or put up other property as collateral.
The law allows you to keep some money and most types of necessary property in bankruptcy. To receive this protection, it is necessary that you list all items asked for in the following questions: if you do not list an item, that item will not be protected in bankruptcy. You must also list everyone to whom you owe money. If you leave out one of your creditors, you may have to pay the money to that creditor or you may lose your right to bankruptcy. It may also be considered a crime if you intentionally give false information or leave out information. If you have any questions about whether you can keep certain property or whether you should list a debt, write that question down and remember to ask the lawyer. We know this questionnaire is long. Preparing your bankruptcy papers properly takes a lot of time and a lot of information. If we work together on this, we can protect your family from great hardship and give you the new start the law intends you to have.
There is a filing fee of $300.00 which must be paid to the court. If you do not have the money at the time you file, the court may allow you up to four months to pay. You must attend one hearing (341 hearing & any adjournments) and pay the filing fee to get a discharge. You also must attend two counseling sessions to gain a discharge.
(1) Fill out every question on all pages. Wherever you are given a choice of YES or NO on these forms, check either YES or NO, whichever is correct. Please fill out these pages as well as you can. We will help with any questions you don’t understand.
(2) Write clearly or typewrite your answers. We must be able to read them.
(3) Wherever the name of a person or firm is asked for, give the full address. Make the address accurate. Your discharge from each debt depends upon your giving a complete and correct address.
(4) If you do not know the exact amount you owe, fill in a HIGH estimate. Do not leave the amount blank and do not say “don’t know.”
(5) Wherever you need more room, turn the page over and put the information on the back together with the number of the question.
(6) List every creditor and everybody that has had anything to do with your debts, including cosigners. Please include accurate account numbers. If a bill you owe has been sent to a collection agency or any attorney, list both the person you originally owed and the collection agency or an attorney, giving the full address of each. If the collection agency has an attorney, list the person you originally owed, the collection agency, and the attorney, giving the full address of each.
(7) Whenever a question asks you to be prepared to give details, gather all papers concerning the matter, including bills and collection letters, and bring them with you when you return this form. In any event, be sure to bring with you the following items if you have any:
(a) Deeds and mortgages on your house or other real estate;
(b) Any insurance policies;
8 Any papers relating to past bankruptcies and Wage Earner Plans (Chapter 13);
(d) Copies of tax returns for the past three years, and a copy of your most recent W-2 and paystubs for the past “6” months;
(e) Legal papers, lawsuits, and divorce papers;
(f) Any other papers you have concerning any of your debts;
(g) Any lease or installment sale (“lease purchase” or “rent-to-own”) agreements for housing (apartment, house, mobile home) or other property (cars, televisions, etc.) that you have signed and that are still in effect or not fully paid.
Please note, while this form is secure and all provided information will remain confidential, submitting this form does not constitute an attorney client relationship.