BANKRUPTCY PETITION PREPARATION

TOKARSKA LAW CENTER CLIENT BANKRUPTCY PETITION PREPARATION INSTRUCTIONS

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. EMAIL Or DROP OFF (9AM – 12PM OR 1PM-5PM)

Starting

Documents

 Attorney/Client Agreement with retainer: Must be signed by all Debtors AND include retainer
Procedures
  • After fees AND documents are received, attorney needs ONE WEEK to prepare the petition
  • If Documents are incomplete, Attorney will stop preparations, notify you, wait for documents before resuming work. During petition preparation promptly respond to Attorney emails to avoid delays.
  • Petition Signing Appointment is confirmed after petition preparations are completed.
  • All debtors MUST review, sign petition and attend Creditor’s Hearing set by Court about 30 days in advance.
  • Attorney must have a credit counseling certificate for every debtor before case can be filed. Certificates are obtained after calling/online chat with agency. It takes 1.2 hours to complete the online course.
Petition

Review

& Sign

At Creditor’s Hearing you will be asked, under penalty of perjury, if you thoroughly reviewed the petition before you signed it.   Appointment Duration:         Chapter 7: 2-3 hours        Chapter 13: 3-4 hours   *** Times based on attorney having ALL documents, no new unanticipated documents/issues.  Don’t bring toddlers, bring glasses.

BRING WITH YOU TO THE PETITION SIGNING APPOINTMENT:

  1. Last pay stub(s) received OR if income is other than wages YTD Total Income Received Calculation
  2. Registration for all vehicles, motorcycles, trailers
  3. List of available balances in each and every financial account.  Don’t include checks written not yet cleared.
  4. Check email if there are any other documents needed
  5. Court Filing Fee: if not already paid, must be paid by CASH only
Petition

Preparation

Paperwork

 

 

  1. INCOME DOCUMENTS of Past Six Calendar Months AND Year-To-Date: COMPLETE income documentation includes documents for EACH and EVERY source of income received by ANY and ALL Debtor(s), Spouse of Debtor, AND Dependents
  2. FILED FEDERAL INCOME TAX RETURNS of PREVIOUS 2 YEARS
    • Haven’t filed? Stop. Inform attorney. Prepare & file returns.
    • Can’t find? Stop. Send to attorney Tax Transcript Request
    • Owe Taxes? Contact tax authority if not sure what years you owe.
      • If Tax owed >more than 3 years old send to attorney Acct Transcript Req . For CA: Login & Get Info Online
      • If you’re on a payment plan, send to attorney recent Billing Statement showing a) how much is owed, b) by year AND c) by Category: Taxes, Penalties, Interest
  3. Personal Property List
    • Storage Unit or Bank Safety Deposit Box? Disclose address, contents, value, name persons with access
    • Property belonging to someone else? DESCRIBE ITEM(s), value, name & address of owner(s).
    • Timeshares? Provide full description, valuation, contract (see broker/online listings of similar shares)
  4. Statements of Financial Accounts covering previous Six Calendar Months Prefer PDF documents by email
    • Include EVERY Account, even if balance is zero or negative. Include spouse’s community property, even if spouse not filing.
  5. Recent Statement of ALL Investment & Retirement Account(s)
  6. Collection Letters/Bills :
    • Been Sued? Summons AND Complaint OR case number
    • Being Garnished? Copy of garnishment order
  7. Current Loan Statement(s) for ALL SECURED Debts (Car/RV/Trailer, Mortgage, Store Credit: Furniture, etc)
  8. Vehicle Valuations (see www.nadaguide.com or www.kbb.com)
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