Bankruptcy, Documents and the Clients Who Keep Them

If your bankruptcy attorney hasn’t filed your case yet…chances are they are waiting on documents.

Once you retain a bankruptcy attorney they will give you a list of documents they need.  An issue that commonly arises is that time goes by and new documents are necessary to obtain.  The quicker you provide the necessary information the quicker your attorney can file your bankruptcy case.  The following is a list of documents and information needed in both a Chapter 7 and Chapter 13 bankruptcy case.

You will need the following for starters:

1. Credit Counseling Class Certificate.  You must complete a credit counseling course prior to filing.  You can complete this course in person, online or over the phone.
2. 6 Months of Pay-Stubs.  You must account for all of your income over a period of 6 months prior to your case filing.  Your attorney is responsible for providing this information to the case trustee and the United States Trustee.
3. Motor Vehicle Title(s).  The case trustee will require showing him/her a copy of the title or memorandum of title.  Vehicle information such as year, make, model and mileage of your vehicle(s) is important to calculate the vehicle’s value.
4. Credit Reports.  A copy of your credit report helps your attorney determine who your creditors are.  It is important that all of your creditors receive notification of your case filing.  Providing a copy of these reports allows your attorney to provide the most complete information to the bankruptcy court.
5. Tax Returns.  You will need to provide a copy of your most recent tax return in a Chapter 7 case.  A Chapter 13 case will require a copy of the 4 most recent years of returns in a Chapter 13 case.

The list above is adequate to begin the process.  Remember, if you take too much time to get the information to your attorney, your attorney may need additional information.  The quicker you provide everything to your attorney the quicker your case will get filed.