Information necessary for reviewing your financial situation

 

Filing a bankruptcy case involves completing forms to inform the court about your property, your debts, the actions you have taken over the past several years that may have affected the rights of your creditors, and the amount and sources of your income and means of support over the 6 months prior to filing the bankruptcy case.  You should be thorough and honest in completing the forms for your attorney so that he or she may give you good advice.

Below are a series of Excel worksheets designed so that you can complete them online (or download them to your computer to complete) to provide all the information necessary to file your case.

 1.  INFORMATION TO BE COMPLETED BEFORE YOUR FIRST ATTORNEY APPOINTMENT.

In order for your attorney to give you good advice about your situation the attorney must have certain basic information.  This section includes forms for names, addresses, phone numbers, e-mail addresses, social security numbers, etc. It contains forms authorizing your attorney to get information from IRS that must be provided to the bankruptcy court when your case is filed and a list of documents you should bring with you to your first meeting with your attorney.  I have also provided a copy of the attorney fee contract that I use for Chapter 7 and Chapter 13 cases for your information.  Congress has required your attorney to have you read certain Notices prior to filing a bankruptcy case.  It will save you time and money to read those Notices before going in to consult with your attorney.  These "Notices" are provided here. 

2. STATEMENT OF CURRENT MONTHLY INCOME WORKSHEET.

The STATEMENT OF CURRENT MONTHLY INCOME worksheet provides information about the amount and sources of your income and means of support over the 6 months prior to filing the bankruptcy case.  This information determines whether or not you are eligible to file a case under Chapter 7 - the MEANS TEST - and if you file a Chapter 13 case the information will determine how long you must commit your income to pay back your debts.

 3. SCHEDULES

The SCHEDULES list your property, tell the court which laws you are using to protect your property from your creditors, lists your debts and creditors according to certain classifications, tell of non-filing cosigners on the debts, tell of leases and ongoing contracts you are a party to, tell the amount and sources of your current income, tell the amount of your various current expenses.

SCHEDULE A - REAL PROPERTY

SCHEDULE B - PERSONAL PROPERTY

SCHEDULE D - SECURED CREDITORS

SCHEDULE F - UNSECURED CREDITORS

SCHEDULE G - LEASES, ONGOING CONTRACTUAL COMMITMENTS (cell phone contracts, health club memberships, etc).

SCHEDULE H - CO-DEBTORS (other people liable on some of your debts)

SCHEDULES I&J - BUDGET - (income and expenses)

 

4.  STATEMENT OF FINANCIAL AFFAIRS

 The STATEMENT OF FINANCIAL AFFAIRS provides miscellaneous questions to inform the

court whether or not you have favored certain creditors over others prior to filing the

case, manipulated your property holdings in some way to unfairly prevent your creditors from

being able to reach the property, whether you have acted unfairly in some way that makes it

unfair for the bankruptcy court to discharge your debts, whether or not the case involves real

property that is contaminated in some way, and to provide other general information about your

financial circumstances.