Necessary Documentation In A Bankruptcy Case

Necessary Documentation In A Bankruptcy Case

The goal of the Morrison Law Group is to provide clients with a fresh start through the filing of a bankruptcy case. To do so requires assisting clients not only during a pending bankruptcy case but also assisting them after they receive their discharge order and their bankruptcy case closes. We will review credit reports and dispute any negative or inaccurate credit reporting.

When individuals choose to file a bankruptcy case, they must disclose their financial “portfolios” to the extent that they must provide the trustee a detailed snapshot of income, assets, liabilities, expenses, etc. An experienced bankruptcy attorney may help simplify and streamline this process.

Federal substantive and procedural requirements mandate that certain official forms are filed in a bankruptcy case, including, but not limited to, schedules of assets and liabilities, statement of financial affairs, and, in Chapter 7 cases, a statement of intention. In addition to these forms, a bankruptcy debtor must provide the following documentation in both Chapter 7 and Chapter 13 bankruptcy cases:

  • Certificate of Credit Counseling: A debtor is required to receive credit counseling prior to the filing of a Chapter 7 or Chapter 13 bankruptcy case. This course is almost exclusively taken online. Upon completion, the credit counseling agency issues a certificate of compliance for a debtor to file with the local bankruptcy court.
  • Driver’s license: A bankruptcy debtor is required to attend a meeting of creditors under 341 of the Bankruptcy Code, (commonly called a “341 meeting”). This form of identification must be personally provided to the bankruptcy trustee at this meeting.
  • Social Security Card: A bankruptcy debtor must attend a meeting of creditors under 341 of the Bankruptcy Code. This form of identification must be personally provided to the bankruptcy trustee at this meeting.
  • Bank and retirement account statements: Recent bank and retirement account statements must be provided to the trustee for all financial accounts.
  • Domestic support obligation: Any debtor who is a party to a family law matter where some form of domestic support has been ordered, must provide proof in the form of the official court order or divorce decree.
  • Federal & Utah (or other states if applicable) State tax returns: A debtor must provide filed tax returns for the two years prior to the year the bankruptcy case is filed. Chapter 13 debtors who have not filed past tax returns will likely complicate and delay the confirmation of their Chapter 13 plan. Federal law requires that not later than seven (7) days before the date first set for the first meeting of creditors, the debtor must provide to the trustee a copy of the Federal income tax return currently required. Failure to do so will result in the court dismissing the debtor’s bankruptcy case.
  • Evidence of earnings: Debtors must provide payment advices or other evidence of wages or employment income received during the 60-day period prior to the date that the bankruptcy petition is filed.
  • Certificate of Personal Financial Management: In addition to a credit counseling course, each individual debtor must take an approved personal financial management course. This course is a prerequisite to the bankruptcy court entering the debtor’s discharge. The court will not issue a discharge order until this course is completed, and the certificate is filed with the bankruptcy court. Like the credit counseling course, this course is almost exclusively taken online.
  • Miscellaneous documentation: Self-employed debtors must provide a profit and loss statement to verify their business enterprise’s gains and losses. Income from other sources such as social security, disability, or rental properties, requires documented proof of the amount received.

A bankruptcy case requires a vast amount of paperwork, forms, and other documentation. Thus, it requires the assistance of an experienced bankruptcy attorney. The Morrison Law Group is deeply committed to providing the highest quality client experience, which includes helping debtors ease through the bankruptcy paper trail. Call 801.456.9933 to schedule a FREE consultation. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas. No matter what your financial situation involves, the attorneys at the Morrison Law Group may help you understand all of your options and place you firmly on the path to financial freedom.

Necessary Documentation In A Bankruptcy Case

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