Tokarska Law Center – Bankruptcy Petition Preparation
READ THOROUGHLY AND CAREFULLY FOLLOW THE INSTRUCTIONS TO AVOID problems or DELAYS.
ALL ITEMS must be received ONE WEEK PRIOR TO the DESIRED FILING DATE UNLESS other arrangements have been made
|1.||Signed + Retainer Fee||Attorney Client Agreement with retainer fee : agreement is provided at consultation or by email. All parties to the petition must sign the agreement. Agreement is not effective without payment of retainer.|
|2.||Signed with COPY OF Driver’s License FOR each debtor||Credit Report Authorization Form
Intake Sheet If not already provided or if there are significant changes (help with this)
|3.||ONE WEEK PRIOR TO DESIRED PETITION FILING DATE, PROVIDE ATTORNEY WITH ALL OF THE FOLLOWING:||
(1) tax returns: FILED FEDERAL (irs) RETURNS FOR LAST 2 YEARS
—-> Haven’t filed returns? Stop. Check with attorney if your case can be filed. File your returns.
—-> Can’t find returns? Stop. sign & send to attorney Request for Transcripts. Most requests are processed within 10 days. Stop. Check with attorney if your case can be filed without this.
—-> OWE Income Taxes? Send RECENT STATEMENTS (IRS and/or State) showing a) how much is owed, b) for which year(s) and c) dates return was processed d) portion of amount owed in tax versus penalties & interests. Don’t have it? FOR IRS: Sign Request for Account Information and send to attorney ASAP. Most requests are processed by IRS within 30 days). For California: Login & Get Info Online Stop. Check with attorney if case can be filed without this.
(2) income EVIDENCE for LAST SIX MONTHS and YEAR-TO-DATE: if EITHER: (a) you gave documents before BUT your petition will be filed in a new or different month OR (b) you did not already provide this send appropriate documentation for every source of income received by every member of the household: (Wages) – (Self-Employed / Independent Contractor / Rental Income) – (Unemployment /Social Security / Disability / Pension / Alimony)
(3) COMPLETED PERSONAL PROPERTY LIST
(4) FINANCIAL ACCOUNT(S) STATEMENTS FOR LAST 6 MONTHS (include EVERY Bank Accounts, even if have zero balance or now closed but was open during 6 months, include ALL INVESTMENT ACCOUNTS, RETIREMENT ACCOUNTS, PayPal accounts, any accounts whatsoever holding money.
(5) COLLECTION LETTERS: (if any were received)
ITEMS BELOW CAN BE BROUGHT TO THE MEETING at petition signing appointment
|4.||PAY all remaining legal FEES & court filing fee||Unless fees HAVE BEEN paid in full before petition signing (or REMAINING fees will be paid through a Chapter 13 Plan) bring cash OR CASHIER CHECK for remaining legal fees & court filing fee to the appointment. no legal fees can be collected AFTER A CHAPTER 7 case is filed.
All PAID FEES will be disclosed TO THE COURT IN your petition. A separate receipt can be provided, upon request.
|5.||SCHEDULE PETITION APPOINTMENT, REVIEW CREDIT REPORT, ANSWER ATTORNEY QUESTIONS||attorney will verify all documentation IS RECEIVED BEFORE SCHEDULING AN APPOINTMENT.
NOTE, all debtors ARE REQUIRED TO attend a creditor’s meeting WITHIN 30 DAYS AFTER FILING OF CASE. The COURT SETS THE exact day & time. FAILURE TO ATTEND THIS MEETING WILL RESULT IN CASE DISMISSAL. meeting CANNOT BE RESCHEDULED except in extraordinary circumstances such as when debtor is incarcerated or hospitalized. You will be notified within 24/48 hours after filing of YOUR CASE the exact day and time of THE meeting.
WHEN documentation is complete, attorney WILL send FOR YOUR REVIEW A COPY OF YOUR credit report. Attorney WILL have questions regarding the credit report and/or documentations received. be available & promptly respond to INQUIRIES to avoid HAVING YOUR APPOINTMENT RESCHEDULED.
attorney will SCHEDULE YOUR PETITION SIGNING APPOINTMENT,
|6.||48 hours before petition appointment COMPLETE Credit Counseling Course||PETITION CANNOT be filed without a credit counseling certificate of completion for each debtor. . You may complete the course with any provider that is us trustee approved. attorney recommends DEBTORCC, based on cost of $9.95. each debtor must complete the course online, COURSE TAKES 1 HOUR AND IS TIMED. DO NOT SPEED THROUGH IT. AFTER COMPLETING THE COURSE YOU MUST CALL provider to obtain a certificate of completion. attorney must receive copy of certificate before filing your case.|
|6.||ARRIVE ON TIME FOR YOUR PETITION SIGNING APPOINTMENT and bring with you:||
EITHER EMAIL THIS INFORMATION BEFORE ARRIVING OR BRING WITH YOU A list of all available balances in each of your financial accounts and amount of money held in hand or otherwise (under mattress, jar, backyard, etc…). Available balance DOES NOT include checks written but not yet cleared.
Chapter 7 Appointment takes 1-1 1/2 hours. Chapter 13 Appointment takes 2-3 hours.
the above estimated times are based on review & signing of existing completed petition, with minor adjustments if needed. clients who bring new and unanticipated documentation to the meeting may need to be rescheduled and INCUR ADDITIONAL CHARGES.
THE PETITION is a document of 50-60 PAGES AND AN UNINTERRUPTED REVIEW OF THESE IMPORTANT DOCUMENTS IS REQUIRED, YOU ARE DISCOURAGED FROM BRINGING SMALL CHILDREN TO this appointment.
|8.||RECEIVE FILING CONFIRMATION||Attorney will email you with the case number. Attorney will communicate with you promptly regarding any and all developments or events in your case.|