What We Need From You
Complete our client questionnaire. If you do not have access to the internet or a computer and/or are not comfortable with filling out info online, you can fill out a paper questionnaire and submit that to us at the initial consultation. You will also need to produce the following documents to proceed with a bankruptcy:
- Credit Counseling Certificate
- Recent Credit Report
- Most recent tax return (plus yearly returns for Chapter 13)
- Six months gross income paystubs or other documentation
- Paystubs for the previous 60 days
Summary of documents needed for meeting of creditors:
- Bank statements covering the filing date
- Paycheck stub covering the filing date
- Minnesota driver's license
- Social Security card
- Certificate of Debtor's Education
Current monthly income for the bankruptcy forms is calculated by averaging your income from all sources for the past six months, not including the month that you file for bankruptcy. For example, if you file for bankruptcy in July, your income from January through June is averaged. This means your attorney needs all paycheck stubs from the past six months. Income is defined to include almost any cash received, even gifts of money. Also, when a case is filed, we need to file your paycheck stubs from the last 60 days with the bankruptcy court. Consequently, it is usually necessary to bring your attorney your last seven months’ paystubs.
You need to give your attorney your most recently filed tax return. If you have not yet filed the most recent year's tax return, prepare it now.
You must obtain a certificate of completion of credit counseling from an approved agency, and your attorney must file it with the court when the bankruptcy is filed. You cannot file bankruptcy without it. The counseling takes 90 minutes or less and can be done over the phone or online. Our office will tell you where you can obtain credit counseling for as little as $25. A debit card should be used to pay this fee.
A few weeks after your bankruptcy is filed, you must give your attorney bank statements covering the day the case was filed and your most recent paycheck stub. These documents must be given to the trustee before the meeting of creditors.
Do not be concerned about providing the financial information discussed here to the bankruptcy trustee. The requested information is used only to verify the information you have already provided. None of it will affect your case negatively. Your Social Security number and your children's names are kept secret by the court, by law. In a typical case, no one but the trustee ever sees the other information.
You must bring your Minnesota driver's license, Minnesota personal identification card, passport or similar photo ID to the meeting of creditors. You must also bring proof of Social Security number, such as your Social Security card, a W-2 form or a government-issued document.
In a Chapter 13 case, you must provide the trustee with copies of your federal, state and property tax returns every year of the case.
Shortly after filing your case, you must complete a course in financial management, and your attorney must file proof of completion with the court. The course must be taken through an approved agency. Our office will tell you where you can complete your financial management course, which can be completed for as little as $15. The proof of completion must be filed within 45 days of the meeting of creditors for a Chapter 7, and at some time during the case for a Chapter 13. However, it is wise to complete the course immediately, and provide the proof of the completion to your attorney at the meeting of creditors. You cannot receive a discharge without filing the proof of completion on time.
The 2005 Bankruptcy Act requires that the U. S. Trustee conduct random audits to verify the accuracy of information contained in bankruptcy papers. Not less than one in 250 cases is chosen for audit. So far, the audits consist of simply turning over paycheck stubs, bank records and tax returns that already are in the trustee's possession. It is wise to remember that bankruptcy papers are submitted under oath, and the penalties of perjury apply. Your discharge of debts will be revoked if there is an intentional misstatement or a failure to produce documents that cannot be satisfactorily explained.
