Beruflich Dokumente
Kultur Dokumente
Need to Know
Before You File
Bankruptcy
Copyright © January 2001 by Victoria Ring. ALL RIGHTS RESERVED. No part of this publica-
tion may be reproduced, stored in a retrieval system, or transmitted in any form or by any
means, electronic, mechanical, photocopying, recording or otherwise for sale or profit, without
prior written permission of Victoria Ring. Printing of this publication from the internet download
version is permitted for private viewing only.
TABLE OF CONTENTS
Page
Overview .............................................................................................................................................. a
Free Forms Included ............................................................................................................................ b
Guidelines ............................................................................................................................................ 1
How Filing Bankruptcy Can Help You .................................................................................................. 1
Agreement ............................................................................................................................... 15
Paid Services
2. If your income does not suffi- • Loss of their job or their primary
ciently pay off or pay down your bills, means of support;
it’s time to consider bankruptcy. • Been laid off from their job;
• Been demoted or given a significant
3. If your monthly debt is 1.5 times pay cut;
your monthly income. For example, if • Experienced major family problems
you have a monthly net income of leading to divorce, child custody or separa-
$2,800 but your monthly expenses are tion;
about $4,200, it’s time to think about • Excessive major credit card prob-
bankruptcy. lems;
• Catastrophic medical-doctor bills
4. If you cannot budget yourself out from an uninsured major surgery or illness
of the debt within four years, it’s time to such as terminal cancer;
seriously consider bankruptcy. • Desperate financial situations with
little hope.
5. If you are more than two months
late on your bills, bankruptcy may be a How Filing Bankruptcy Can Help You
consideration.
11. Filing bankruptcy is as simple as
6. If your loan or mortgage has been taking a set of papers down to the Bank-
“called” or accelerated, it’s time to ruptcy court, standing in line at the Clerk of
seriously consider bankruptcy. Court, paying a filing fee and having the
papers date/time stamped and handed
7. If you get a foreclosure notice back to you. (The court keeps the origi-
from the bank or a lender; it’s time to nal.) A Judge will also be assigned at this
seriously consider bankruptcy. time. This simple process takes about 10
“102 Things You Need to Know Before You File Bankruptcy”
Page 2
minutes to complete. This set of 20. Secured Debt — This is a debt you
papers that you filed with the court is owe for an item that could be taken away
called a “bankruptcy petition.” The from you if you don’t pay the bill. For
moment the Clerk of Court stamps instance, if you don’t make your house
your bankruptcy petition, the following payment, the creditor (or bank) you owe
good things can happen to you: can repossess your house.
12. Anybody you owe cannot contact 21. Unsecured Debt — This is a debt
you in any way (once they receive you owe for something that cannot be
notice in the mail from the court.) taken from you. For instance, anything you
charge on a credit card is an “unsecured
13. Any wage garnishments taken debt.” If you don’t pay the MasterCard bill
out of your check will cease to be this month, they cannot come and take
lawful. If the garnishment is taken out whatever you bought with the credit card.
of your check after you file bankruptcy All they can do is harass you on the tele-
you may be entitled to a refund. phone until you pay the bill, turn the bill
over to a collection agency, or attempt to
14. Any foreclosure action on your get a judgement against you (depending
home or other real property is stopped. on the amount you owe them.)
15. Any Sheriff’s sales are stopped 22. Asset — This is something you own
immediately. that has resale value. Your car, TV set,
computer, stocks, bonds, bank accounts,
16. Any taxes you owe that are piggy bank, clothes, bed, etc. are all things
currently being collected on by the that have some type of value that could be
government are put on hold (while your turned into cash. These types of things
debts are being reorganized.) are your assets.
17. Anybody coming to repossess your 23. Discharge — This is what happens
auto, boat, furniture, appliances, or any- when your debts are erased and you have
thing else are stopped immediately and completed your bankruptcy.
cannot remove anything without the
Bankruptcy Court’s permission. 24. Exemption — There are exemption
allowances allowed by the Bankruptcy
Terms You Need to Know Court to protect the assets you own that
Concerning Bankruptcy you need to keep in order to live a normal
life. For instance, you need a house to live
18. Creditor — This is the person or in, a car to drive, transportation to maintain
company you owe money to because the car, clothes to wear, medicine refills,
they extended credit to you. personal care items, etc. The law allows
you to keep these types of items by allow-
19. Debtor — This is YOU. You owe ing you exemptions on them. When
debts, so you are a debtor. anything you own is totally exempt from
“102 Things You Need to Know Before You File Bankruptcy”
Page 3
the bankruptcy, no one can take it 29. Conversion — This is when you
away from you. start out by filing one chapter of bank-
ruptcy and decide later to file another
25. Automatic Stay — The moment chapter. For example, you originally file a
a bankruptcy is filed, all creditor activity Chapter 7 but decide to convert to a
to collect debts, obtain judgments, or Chapter 13.
obtain property of a debtor to satisfy a
debt is completed stopped. This is the 30. Dismissal — Among other things,
protection provided to you as a con- your bankruptcy case can be dismissed at
sumer under the Bankruptcy law in the any time if you fail to comply to any rules,
United States. don’t turn over asset monies that are
requested by the Trustee or if you convert
26. Relief From Stay — This is a from one Chapter of bankruptcy to an-
court order, requested by a creditor, other. Your case is “discharged” if you
who asks the court to lift the Automatic completely pay off your Chapter 13 or
Stay that was immediately put in place when your Chapter 7 is legally finished.
when the debtor filed the bankruptcy
petition. If a creditor is granted a Relief Chapter 7 Bankruptcy
from Stay, the debtor will receive notice
from the court of its existence and the 31. In order to be eligible to file a Chap-
bankruptcy attorney can prepare a ter 7 bankruptcy, you must be able to meet
Motion on the debtor’s behalf to re- these guidelines:
quest the court to remove the Relief
from Stay. (Of course, there must be a • You must reside or have a domi-
lawful reason to do so.) cile, a place of business, or property in the
United States.
27. Reaffirmation Agreement —
This is what you file with the court if • You must not have received a
you decide to pay a creditor outside bankruptcy discharge within the last six (6)
your bankruptcy. For example, you years or have had a bankruptcy case
may want to reaffirm with Bob’s Auto dismissed within the last 180 days.
Sales when you file your Chapter 7
bankruptcy petition, because you want 32. People who file a Chapter 7 bank-
to keep making payments on your car ruptcy do so in order to discharge their
since you need it to get back and forth debts and get a “fresh start” in life. There
from work. are no income requirements to file a
Chapter 7 and people who file this type of
28. Trustee — This is a real “live” bankruptcy are those who can no longer
person that works for the Bankruptcy afford to repay all their debts due to illness,
Court who normally oversees the entire unemployment, marital problems, unex-
process from beginning to end con- pected medical expenses, over-extended
cerning your bankruptcy. credit or other large expenses. However,
not all debts can be discharged. For
“102 Things You Need to Know Before You File Bankruptcy”
Page 4
example, alimony, student loans, child Trustee is the person who is responsible
support and taxes that are less than 3 for overseeing your bankruptcy until the
years old are non-dischargable and Meeting of Creditors, at which time you will
must be repaid in full. be appointed a new Trustee or the interim
Trustee will be assigned to your case.
33. Most consumers file a Chapter 7
bankruptcy and then reaffirm on the 36. If you plan to reaffirm on a debt
debts they want to continue paying. For (which means you want to continue paying
instance, you can file a Chapter 7 and the bill on your own after the bankruptcy is
reaffirm on your house. This could over), your attorney or paralegal needs to
possibly erase your other debts and submit a Reaffirmation Agreement to the
you would continue making your house creditor, obtain their signature and file this
payments like you normally do now, with the court. However, you can still pay
outside the bankruptcy. the bill on your own without filing a Reaffir-
mation Agreement; but it is best to file one
(Note: There is pending legislation if the creditor you owe can repossess
currently being debated in Washington something you want to keep (i.e., car,
D.C. to change this law, making it house, TV, computer, tools, etc.).
harder for people to file a Chapter 7
and forcing them to file a Chapter 13, 37. The Trustee will send a notice to all
but the law has not been enacted as of the creditors (people/companies you owe
the date this ebook is written.) money to.) This notice is normally sent 5
days after you file your petition.
Steps That Occur in Filing a
Chapter 7 Bankruptcy 38. The court will normally send you a
notice informing you that you are eligible to
34. In order to be eligible to file a
file bankruptcy. You don’t have to do
Chapter 13 bankruptcy, you must be
anything with this notice but keep it in your
able to meet these guidelines:
personal file.
• Have a steady source of in-
39. The Trustee will then send all your
come so that you can make regular
creditors, including you, a notice informing
payments to the Trustee.
you of the hearing date when you should
appear in court. This hearing is often
• The total amount of your debts
referred to as the “Meeting of Creditors.”
cannot exceed $750,000.00 and
unsecured debts cannot be more than
40. At your Meeting of Creditors NO
$250,000.00.
judge will be present. The Trustee will ask
you some of the same questions you
35. When your bankruptcy petition is
answered when you first filled out the
prepared and signed by you, it is filed
paperwork for the attorney or paralegal;
with the Bankruptcy Court. You are
who originally prepared your bankruptcy
assigned a case number and a Trustee
petition.
or “interim” Trustee. An interim
“102 Things You Need to Know Before You File Bankruptcy”
Page 5
41. In actual practice, creditors rarely 45. A Chapter 13 is NOT a bill consolida-
appear at these hearings; however, a tion loan, although many people look at it
representative from one of the compa- that way. Although it is a similar concept, a
nies you owe, or a person you owe, bill consolidation loan is money actually
may show up at this meeting. They loaned to you to repay other creditors. In a
normally only appear to ask where the Chapter 13, no money is loaned to you
secure item is and if it is insured. because you make your monthly payments
to the Trustee, who disburses the money
42. If your bankruptcy case is a “no among your creditors.
asset” Chapter 7 bankruptcy, the
meeting will normally only last 5-10 46. Your priority claims are paid first in a
minutes. Chapter 13. Priority claims include debts
for things like taxes, child support, etc.
43. If your bankruptcy case is a “no
asset” Chapter 7 bankruptcy; you 47. The amount you owe unsecured
normally will not have to appear in creditors, like medical bills, credit cards,
court again. Essentially, you will re- etc. can normally be paid back as low as
ceive a discharge through the mail and 5¢ on the dollar. (This figure is not written
all your allowed debts are forgiven. in stone. It is subject to change depending
on your individual State laws, type of debt
Chapter 13 Bankruptcy it is, as well as the income and budget of
the debtor.)
44. People who file a Chapter 13
bankruptcy do so in order to keep 48. You are normally allowed to keep
property in which a creditor has a lien your home, car and everything else you
— like a house or car, or if payments own when you file a Chapter 13 as long as
are behind and the creditor is about to you make regular payments to the Chapter
foreclose or repossess the property. 13 Trustee.
The filing of a Chapter 13 will stop the
foreclosure sale and allow the person 3 Steps That Occur in Filing a
to 5 years to repay some, but not all of Chapter 13 Bankruptcy
their debts. Rather than wiping out all
their debts in a Chapter 7 proceeding, 49. When your bankruptcy petition is
Chapter 13 allows a person to reorga- prepared and signed by you, it is filed with
nize and pay a certain percentage of the Bankruptcy Court. You are assigned a
their debts over a period of 3 to 5 case number and a Trustee. Normally,
years. The unpaid balance is dis- there is only one Chapter 13 Trustee who
charged after the payment plan is makes decisions on all Chapter 13’s filed
completed. Payments are made from in his/her jurisdiction. In a Chapter 7, there
each paycheck to the Chapter 13 may be more than one Trustee, called an
Trustee, normally through employer “interim” as well as a “trustee.”
wage deduction.
“102 Things You Need to Know Before You File Bankruptcy”
Page 6
50. Your attorney or paralegal will ask you some of the same questions you
also file a Chapter 13 Plan with your answered when you first filled out the
bankruptcy petition that details the paperwork for the attorney or paralegal;
amount of your monthly payments and who originally prepared your bankruptcy
the length of time you are going to be petition.
in the Chapter 13 Plan.
56. In actual practice, creditors rarely
51. This amount you pay each month appear at this hearing because they know
to the Trustee is determined by the they will be getting paid through the
amount of money you currently make Trustee; however, a representative from
and how much money you need to live one of the companies you owe, or a
on each month. A good Chapter 13 person you owe, may also show up at this
bankruptcy attorney or his paralegal is meeting, but they normally only appear to
skilled at balancing these two figures ask where the secure item is and if it is
so you can easily afford the Chapter 13 insured.
payment each month. It is not to the
advantage of the attorney or paralegal 57. After the Trustee has approved your
to give you a payment you can’t afford. bankruptcy, you are required to pay your
This would cause problems later down first Chapter 13 payment. Your payment
the road. So don’t be afraid that your must be in the form of a money order or
payment will be too high for you to cashier’s check. No cash is accepted.
afford.
58. The Trustee will normally provide you
52. The Trustee will send a notice to with information on how to contact his/her
all the creditors (people/companies you office with any questions as well as an
owe money to.) This notice is normally address where to mail your payments.
sent 5 days after you file your petition.
59. At this time, you may want to set up a
53. The court will normally send you payroll deduction so you don’t have to
a notice informing you that you are worry about writing a check every month.
eligible to file bankruptcy. You don’t Because a payroll deduction may take 4-6
have to do anything with this notice but weeks before it begins, you need to con-
keep it in your personal file. tinue making payments to the Trustee on
your own until the wage deduction starts.
54. The Trustee will then send all If you get behind in payments, your case
your creditors, including you, a notice could be dismissed and you will have to
informing you of the hearing date when start all over again.
you should appear in court. This
hearing is often referred to as the 60. Finally, a Confirmation Hearing is
“Meeting of Creditors.” scheduled but you normally do not appear
in court. Your attorney normally appears
55. At your Meeting of Creditors NO on your behalf to simply confirm that you
judge will be present. The Trustee will are approved to be in the Chapter 13 plan.
“102 Things You Need to Know Before You File Bankruptcy”
Page 7
needed to file a bankruptcy petition. who advertise cheap prices for filing
However, the attorney, or whoever you bankruptcy petitions in your daily newspa-
hire to prepare your bankruptcy petition per, often do not file all the schedules and
may also require other documents, forms at one time (which is perfectly legal)
depending on your particular situation, and will charge you additional money to file
but they will let you know when you go the rest of the petition within the 20-30 day
to their office for the initial intake allowance. After being “nickel-and-dimed”
interview. to death, you normally pay more money to
this attorney than if you just hired a com-
73. A bankruptcy petition is then filed petent attorney in the first place.
in court. It contains several sheets of
paper that includes schedules and 76. The best way to locate a good bank-
forms. Each schedule and form relates ruptcy attorney is to first determine if they
to different items that must be filled out specialize in bankruptcy. If you cannot
properly. Normally people choose to locate someone in your area that special-
hire an attorney to prepare their bank- izes solely in bankruptcy, then choose an
ruptcy petition, but some people hire attorney who has been in the practice for
independent paralegals, and some at least five (5) years or more. (Just call
people purchase bankruptcy kits and your local Bar Association and ask for a
attempt to do it themselves. referral.)
74. If you decide to hire an attorney, 77. Your can hire a freelance bankruptcy
try to find someone who specializes in paralegal to prepare your bankruptcy
the field of bankruptcy. In other words, petition, but if problems come up (such as
your best choice for an attorney is one litigation with a creditor or the filing of
who does nothing else but specialize in Motions), it would be best to hire an attor-
bankruptcy law exclusively. You will ney to do these things for you.
probably also find bankruptcy attorneys
that also do divorce, wills, probate, and 78. You can purchase a bankruptcy “do-
DUI; but if given a choice between the it-yourself” kit but unless you know how to
two — chose the attorney who special- prepare the bankruptcy petition in a man-
izes in bankruptcy. ner to present to the court, these kits will
do absolutely nothing for you except give
(Note: If you are in the southeastern you some practice at filling out forms.
district of Ohio, I recommend Lloyd D.
Cohen & Associates, the attorney I 79. In reference to the “do-it-yourself”
work for at 614-444-4211.) kits, filing bankruptcy is not simply filling
out a set of forms and handing them to the
75. Calling around to different attor- court. For instance, if you don’t know
ney offices and asking them what they anything about exemption allowances you
charge to file a bankruptcy is NOT the will not know how to include them and your
most efficient method of locating a petition will be rejected or you may lose
good bankruptcy attorney. Attorneys something you own.
“102 Things You Need to Know Before You File Bankruptcy”
Page 10
How Your Credit Will Be Effected by you have shown that you make timely
Bankruptcy payments, your credit line may be in-
creased without you depositing any more
80. If you are behind in paying your money.
bills, your credit is already effected.
Filing a bankruptcy may actually be 83. However, the fact remains — one of
your first step in repairing a bad credit the main reasons for filing bankruptcy is to
situation. When a creditor finds a get OUT of debt — not back into it. You
bankruptcy on your credit report, it should take responsibility for your own
shows them that all prior credit prob- financial spending and saving, making sure
lems have been resolved. The question not to get to the point where you have to
then becomes, “Are you creditworthy?” file another bankruptcy. Once you experi-
ence total freedom of paying for things you
81. Every creditor is different and want to buy, and owning them free and
each one treats bankruptcy with a clear — you will enjoy life more and grow
different set of rules for determining as a human being. About the only items
your creditworthiness. Although there the average American really needs to go
are many exceptions, normally a into debt for is an automobile for transpor-
creditor likes to see how well you do in tation and a home for their family to live in.
paying your bills during the first year or Everything else should be purchased out
two after filing bankruptcy before they of the monthly income, or saved for and
extend new credit to you. So although a purchased in full. The only reason Ameri-
Chapter 7 bankruptcy appears on your cans are in debt is because they “want it
credit report for ten (10) years, and a now!” and don’t have the patience to wait.
Chapter 13 appears for seven (7)
years, most people only find it to be a Other General Questions and Answers
problem for a couple of years after
filing — provided everything else looks 84. If I am married, does my spouse
good on their current credit report. have to file bankruptcy?
82. In addition, there are 1,000’s of No, however the spouse that does
creditors who extend credit to people not file will not receive the benefits of
who have filed bankruptcy. The inter- bankruptcy. In other words, if the non-filing
est rates are normally higher, of spouse is jointly liable on certain debts, he
course, but you can obtain credit easily or she will remain liable for those debts if
with one or more of them. One of the the filing spouse filed for a Chapter 7
best ways to build your credit after bankruptcy. He or she will also remain
bankruptcy is to obtain a “secured” liable for any amount not paid for in the
credit card. This is one where you put filing spouse’s Chapter 13 plan. On the
money in a bank and the bank issues other hand, the non-filing spouse will not
you a credit card. The credit limit of the have bankruptcy noted on his or her credit
credit card will be the same amount of report.
money you have in their bank. After
“102 Things You Need to Know Before You File Bankruptcy”
Page 11
Therefore, if the debts you owe that is garnishing your check is now being
are also owed by your spouse, or co- paid (or is being discharged) through the
signed by your spouse, it would be to bankruptcy petition you filed. As soon as
your benefit to file a bankruptcy to- the clerk file stamps your bankruptcy
gether as a married couple. If most of petition, you have immediate protection
the debts are in your name only, you under the United States Bankruptcy Court
may consider filing a bankruptcy as the and every creditor you owe must proceed
only debtor. through this court to collect anything from
you.
85. What if I am unmarried but living
with someone? Can we file a bank- 87. How can I immediately stop creditor
ruptcy together? harassment?
99. http://findlaw.com/01topics/03bank-
ruptcy/ — Findlaw’s resources for bank-
ruptcy.
Print these pages out and follow the information at the top of each form to properly
complete it. Please understand, these forms are NOT the forms you use to file in court.
They are only information-gathering forms that are retained in your confidential file.
The information you supply on these forms is taken and correctly entered on the official
bankruptcy petition. This document is the one filed with the Bankruptcy Court, not these
information gathering forms.
Do not attempt to file these forms with any court. They are strictly for obtaining
information to prepare your bankruptcy petition.
GENERAL INFORMATION
Street Address
Area Code & Home Phone Work Phone Spouse’s Work Phone
DEPENDENTS
Name Age Relationship to You Is this dependent
living With You?
Has either you or your spouse been known by any other name during the past 6 years?
(Example: maiden name, last name from previous marriage, legal name change, etc.)
o Yes o No If yes, write the NAME and DATE(S) USED below:
The following 16 pages contain extremely important questions that are necessary for the proper comple-
tion and filing of your bankruptcy petition. Every detail is important, so make sure you go over every
question thoroughly and provide as much detail as possible to the questions you answer “yes” to.
If you have a third or fourth mortgage company, list their information on the debt sheet (Page 2)
Do you own, or are you buying any other real estate? o Yes o No
Address/Description of Property
Name of Mortgage Company
Address of Mortgage Company
City, State and Zip Code
Account Number
Date Obtained Loan Total Owed Monthly Payment
If you are behind in payments, please provide the name of the months you are behind: (i.e., November,
December, January, etc.):
Do you share the ownership of any real property with another person, such as a co-tenancy or
joint tenancy? (This does not apply to your spouse.) o Yes o No
If so, provide details:
Do you have a future interest in any real estate, such as putting money down on a property you
have not purchased yet? o Yes o No
If so, provide details:
Do you own, or are you buying any cars, motorcycles, trucks, motorcycles, boats, trailers,
campers, etc.? o Yes o No
If yes, write the year, make and model of the motor vehicle on the Debt Sheet (Page 2) when you write
the name and address of the creditor. Also provide the total amount owed to pay off your motor vehicle,
the monthly payment, if you are behind in payments, the date you obtained the loan AND write in the
word “Lease” if you are leasing this motor vehicle.
Do you own any cars, motorcycles, trucks, motorcycles, boats, trailers, campers, Free and Clear
(completely paid off)? o Yes o No
Year, Make, Model of Clear Titled Vehicle
Year, Make, Model of Clear Titled Vehicle
Year, Make, Model of Clear Titled Vehicle
Do you have a car, truck, motorcycle, boat or camper that doesn’t run? o Yes o No
Year, Make, Model of Vehicle
Year, Make, Model of Vehicle
Do you have a car, truck, motorcycle, boat or camper in your possession titled in someone else’s
name? o Yes o No
Year, Make, Model of Vehicle
Whose name is the motor vehicle titled to?
What is this person’s relationship to you?
Estimate the quick sale value of all the furniture and appliances you own? (Remember, to provide
a “garage sale [low]” value, not “replacement” value:
Are you buying any of your furniture or appliances with installment payments? o Yes o No
Description of Item
** Be sure to list the name, address and other information about this creditor on Debt Sheet.
Estimate the quick sale value of your clothing, personal objects and jewelry (valued under $200)?
(Remember, to provide a “garage sale [low]” value, not “replacement” value:
Do you own any books, prints, pictures, stamps, coins, jewelry or sporting equipment which you
could sell for $200 or more? o Yes o No
Description of Item
Value of the item if sold at a flea market or yard sale
Description of Item
Value of the item if sold at a flea market or yard sale
Do you own or are you buying any tools or equipment that you use for your work? o Yes o No
Description of Item
Value of the item if sold at a flea market or yard sale
At present, do you have any inventory (stock in trade) that could be sold for $200 or more in
profit? o Yes o No
Description of Item
Value of the item if sold at a flea market or yard sale
Do you have any animals, livestock or pets you could sell for $200 or more? o Yes o No
Description of Animal(s)
Value of the animals if you had to sell them
Name of Bank
Type of account: Checking, Savings or Both?
Name(s) on the Account
Account Number Present Balance
Do you have a Christmas Club Account or any other special purpose accounts? o Yes o No
Name of Financial Institution
Type of account: Checking, Savings or Both?
Name(s) on the Account
Account Number Present Balance
Have you closed a checking or savings account during the past two (2) years with any bank,
credit union or other financial institution? o Yes o No
Name of Financial Institution
Type of account: Checking, Savings or Both?
Name(s) on the Account
Account Number Present Balance
** If you closed the account owing a balance, list this as a debt on your Debt Sheet.
Do you have any life insurance either through your work or on your own? o Yes o No
Name of Insurance Company
Does your policy have a cash value? In other words, could you borrow money against your policy or
make a cash withdrawal? If so, provide the current amount you could obtain if you borrowed against your
insurance policy at this present time, or if you withdrew a cash settlement:
Even if you are not vested, is there a retirement/pension plan at your work? o Yes o No
Type of retirement (i.e., 401-K, PERS, etc.)
Does your retirement presently have a cash value? In other words, could you borrow money against
your retirement plan or make a cash withdrawal? If so, provide the current amount you could obtain if
you borrowed against your plan at this present time, or if you withdrew a cash settlement:
Have you set up your own separate retirement separate from work? o Yes o No
Name of Financial Institution (if applicable)
Will you be receiving retirement benefits from a previous employer within the next six (6)
months? o Yes o No
Date you expect to start receiving retirement benefits:
Are you receiving any proceeds for retirement at this time? o Yes o No
** If yes, please state the amount you receive monthly on the Income Sheet, Page 3 of this kit.
Do you have any stocks, bonds (including savings bonds) or mutual funds? o Yes o No
Type of bond, stock, mutual fund:
Does this bond, stock or mutual fund have a cash value? In other words, could you borrow money and
use it for collateral, or could you cash it in for money? If so, what amount?
Over the last year, have you, your children or your spouse been involved in an accident where
someone was hurt, for example, a car accident? o Yes o No
Date accident occurred Who was at fault?
Who was involved in the accident?
Was any insurance money received? o Yes o No If yes, how much?
During the next six (6) months, do you expect to inherit anything? o Yes o No
Details and Amount
During the next six (6) months, do you expect to recover on anyone’s life insurance policy?
o Yes o No
Details and Amount
Do you expect to receive any money from any insurance claim, for any reason, during the next six
(6) months? o Yes o No
Details and Amount
Are you owed any back wages, commissions, or vacation pay from your current or previous
employer? o Yes o No
Employer Name and Amount
In the near future, do you expect to settle, win or begin a case for personal injury? o Yes o No
Details and Amount
In the near future, do you expect to enter into any property settlement with a former spouse?
o Yes o No
Details and Amount
Does anyone owe you any money for a judgment you have obtained against them? o Yes o No
Details and Amount
Why don’t you feel you will ever be able to collect this money?
Have you made any payments on your loans or bills other than ordinary payments? In other
words, have you made catch-up payments, paid off or borrowed to pay on or off bills or loans?
o Yes o No
Name of Creditor You Paid
Date Paid Amount Paid Current Balance Due
Have you returned any property to creditors or was any of your property repossessed from you,
sold at foreclosure, transferred through a deed or returned to a seller? o Yes o No
What property did you turn over to a received?
When and where did this take place?
Has any of your property been assigned for the benefit of your creditors? o Yes o No
Which creditor did you make an assignment to?
When did you make the assignment to this creditor?
What property did you assign to the creditor?
Have you have any unusual losses, such as fire, theft, gambling or otherwise? o Yes o No
What item(s) were lost?
What date/year was it lost? Amount insurance paid?
Have you consulted with any other attorney about your financial affairs or paid money to a debt
counseling service? o Yes o No
Name of attorney or service
Consultation Date Money paid for service
Have you filed any bankruptcy within the last six (6) years? o Yes o No
Did you file a Chapter 7, Chapter 13, or a Chapter 11?
Date your bankruptcy was filed? City, State Filed?
Name(s) of persons who filed?
Was the case discharged? o Yes o No Case Number
Have you closed any bank accounts within the past two (2) years? o Yes o No
Name of Bank
Address of Bank
City, State, Zip Code of Bank
Account Number Date Closed Name on Account
Did you owe a balance when you closed this account? o Yes o No Amount?
Do you or have you rented a safe deposit box during the past two (2) years? o Yes o No
Name of Financial Institution
Address of Financial Institution
City, State, Zip of Financial Institution
Account Holder’s Name and Address
List all persons and their addresses, who have access to the safe deposit box:
1.
2.
3.
If you no longer have the safe deposit box, when did you surrender it?
If you transferred the safe deposit box, when and to whom did you transfer. (Please also provide this
person’s complete mailing address.)
Have you lived at any other residence (other than your current address) within the past six (6)
years? o Yes o No
Address lived at:
Name(s) of party living at this address:
Time period lived at this address: From (date/year) To (date/year)
Have you been self-employed or had any financial interest in any business (or been involved in a
partnership with someone who owned a business) within the past six (6) years? o Yes o No
Name of business
Business address
Type of business (what was sold)?
Date business began Date business ended
Name of your partners, co-investors, or associates?
During the past two (2) years, have either you or your spouse had any other income source
outside normal pay from your employer? (includes flea market dealers) o Yes o No
Income 2001? 2000? 1999?
What is the income you and your spouse received from your employer during the past two (2)
years? (For year-to-date total, refer to your current paycheck stub.)
Name (husband or wife name)
Year-to-date 2001 = 2000 = 1999 =
Name (husband or wife name)
Year-to-date 2001 = 2000 = 1999 =
By signing below, I state that all the information provided in the eight (8) pages of the “Asset Checklist” is
true and correct to the best of my knowledge.
The bankruptcy preparer, Victoria Ring, has advised me/us, and I/we understand, that it
is my/our obligation as a debtor(s) seeking protection before the Bankruptcy Court, to
disclose every asset I/we own OR have a right to claim.
I/we understand that asset is broadly defined and includes, but IS NOT LIMITED TO
such things as:
I/we understand that this obligation is enforceable under both the penalty of perjury and
criminal statute. I/we acknowledge that I/we have disclosed to my/our bankruptcy
preparer all of my/our assets.
Date:
Debtor (Husband)
Debtor (Wife)
The bankruptcy petition preparer, Victoria Ring, has advised me/us, and I/we under-
stand, that it is my/our obligation as a debtor(s) seeking protection before the Bank-
ruptcy Court, to disclose every debt that I/we owe to any person, company or institution,
regardless of the amount owed or the purposes for which the obligation was incurred.
I/we understand that this obligation is enforceable under both the penalty of perjury and
criminal statute.
I/we acknowledge that to the best of my/our ability that I/we have disclosed to Victoria
Ring all of my/our creditors as detailed on the forms in this bankruptcy kit.
Date:
Debtor (Husband)
Debtor (Wife)
By signing this agreement I understand that Victoria Ring, located at 1128 King Avenue, Columbus, Ohio
43212 is a non-attorney bankruptcy preparer. By requesting and/or employing the services of Victoria
Ring, I acknowledge and agree to the following:
2. I agree to indemnify and hold harmless Victoria Ring, against any claim, liability, loss, or
expenses, including but not limited to attorney’s fees and court costs, arising directly or
indirectly from use of the services provided. I also assume all liability for costs involved in
collection of fees due, including attorney’s fees, court costs, account maintenance, and
other collection expenses.
3. Victoria Ring’s liability in all instances are limited to the cost of the forms provided, and
under no circumstances will Victoria Ring be responsible for other fees or costs incurred
by myself and/or spouse.
4. Victoria Ring further agrees to prepare me a complete bankruptcy petition, ready to file in
court in the jurisdiction I reside in for a cost of Eight Nine Dollars and Ninety-Nine Cents
($89.95.)
5. Victoria Ring further pledges to contact me by telephone, fax, email or other means to
obtain additional information, or to clarify information provided by me in order to prepare
a correct bankruptcy petition. I understand that this service is provided free of any
additional charge.
Date: Date:
NOTE: Do not send original documents through the mail. Make a copy of them. The copies will
be returned to you with your completed bankruptcy petition.
Real Estate Mortgage and Deed and Proof of Insurance (if applicable)
If you own or are purchasing real estate, a home, apartment building, condominium, etc. you
will need to go to the Clerk of Courts office in your county and obtain a copy of the Recorded
Deed. This will cost about $2. The deed you have in your possession is NOT a “recorded
deed” because it has not been notarized. In addition, enclose a copy of your mortgage papers
as well as proof of insurance on your real estate.
Lawsuits
Are there any lawsuits pending against you for any reason? Make a copy of the lawsuit and
send it with your completed forms. The case heading and caption are needed to list on your
bankruptcy petition.
Payment
Return all the completed forms (total of 16 pages) along with your check or money order for
$89.95 to: Victoria Ring, Bankruptcy Paralegal, 1128 King Avenue, Columbus, Ohio 43212 or
email her personally at bankruptcy@columbus.rr.com for any additional information.