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Learn How A Bankruptcy Attorney's Advise On Documentation Helps Below ...

Bankruptcy Documentation Can Be Difficult


Things Have Changed

Since the adoption of bankruptcy laws to prevent abuse and protect consumers was enacted, bankruptcy filing has become much more complicated. Many people who had filed for bankruptcy after being overcome with questions and having to collect mounds of documentation concluded that Congress had created the BAPCPA to convince Americans to avoid filing bankruptcy. Although the changes made filing more complicated, individuals with financial problems should not be discouraged or derailed from filing with the help of a bankruptcy lawyer.


An Attorney Can Help Things Go Smoothly

If a person with financial problems first seeks advice from a bankruptcy attorney, they typically only have to provide basic financial information. This information, which is provided to the bankruptcy attorney, helps the attorney decide whether a person is entitled to file for bankruptcy under Chapter 7. It is not that the bankruptcy lawyer is intrusive, every bankruptcy declaration is different and it is important to represent the client properly. So it’s the attorney’s job to ask the proper questions.

An Attorney Advises On Bankruptcy Documentation

Providing Information Simplifies Things

Where the actual collection of information begins is after the person has hired the bankruptcy attorney and receives a list of required documents for declaration. Most of these documents are required by the bankruptcy attorney before the application can be filed. As a rule, the lawyer will request the payment stubs for the last six months for all wage earners living in the household. Then they have to submit three years tax returns for the individual bankruptcy application. The Bankruptcy Court requires that the single bankruptcy declaration contain a copy of your driver's license and social security card when you attend the 341st meeting or creditors' meeting. It is obvious that the bankruptcy lawyer also wants to have copies of these documents. Before filing for bankruptcy, the debtor must complete a credit counseling course and submit to the court the certificate of completion at the time of the file’s submission.


Documentation And Proof

There are other things the bankruptcy lawyer will ask for and these documents can vary from lawyer to lawyer. There needs to be a copy of the person's credit report from the three credit bureaus. This helps the bankruptcy lawyer to ensure that all debts are included in the bankruptcy filing. Sometimes there are debts that do not appear in the credit report, and the bankruptcy lawyer must ensure that information on these debts is forwarded to the trustee. Some lawyers request an evaluation report for a car or a house. This is not always necessary, but sometimes it’s required.



Be Clear And Honest

The bottom line is that bankruptcy filing is very paper-intensive process and the days in which the debtor makes any unverified assumptions about the valuation of their property are over. It's probably a good idea to create a receipt folder and even search internet databases to make copies of similar (comparable) property valuations, so that you have proof for the bankruptcy trustee. Sometimes as actual appraisal; is required. A good bankruptcy attorney who helps the debtor through the process will eliminate much of the difficulty. Since the bankruptcy lawyer usually works in the same jurisdiction, he knows what the bankruptcy court and trustee expects from the debtor.




Disclaimer: This Content Does Not Constitute Legal Advice

This article is for informational purposes only and should not be construed as legal advice. Consult with a licensed bankruptcy attorney if you are considering bankruptcy, or other competent counsel before pursuing the subject matter of this article. Collection laws vary from state to state.

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