Sie sind auf Seite 1von 35

102 Things You

Need to Know
Before You File
Bankruptcy

Written and Published by


Victoria Ring, Bankruptcy Paralegal
Columbus, Ohio USA
email: bankruptcy@columbus.rr.com
website: http://www.victoriaring.com/bankruptcy/
An Important Message to the Readers:
This free ebook provides information and general advice about the law from the knowledge and
viewpoint of a bankruptcy paralegal. However, laws and procedures change frequently, and
they can be interpreted differently by different people. For specific advice geared to your par-
ticular financial situation, consult an expert. No book, software, or other published material is a
substitute for personalized advice from a knowledgeable attorney licensed to practice law in
your state.

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

Bankruptcy To Go Kit ........................................................................................................................... a

Overview .............................................................................................................................................. a
Free Forms Included ............................................................................................................................ b

Paid Services ....................................................................................................................................... b

Guidelines ............................................................................................................................................ 1
How Filing Bankruptcy Can Help You .................................................................................................. 1

Terms You Need to Know Concerning Bankruptcy .............................................................................. 2

Chapter 7 Bankruptcy .......................................................................................................................... 3


Steps That Occur in Filing a Chapter 7 Bankruptcy ............................................................................. 4

Chapter 13 Bankruptcy ........................................................................................................................ 5

Steps That Occur in Filing a Chapter 13 Bankruptcy ........................................................................... 5


Changes in Payments During a Chapter 13 Bankruptcy ...................................................................... 7

Chapter 11 Bankruptcy ........................................................................................................................ 7

Rules that Apply to All Forms of Bankruptcy ........................................................................................ 7


Debts That Cannot be Discharged ....................................................................................................... 8

The First Steps to Filing a Bankruptcy Petition .................................................................................... 8

How Your Credit Will be Effected by Bankruptcy ................................................................................. 10


Other General Questions and Answers ................................................................................................ 10

Websites to Help you Learn More About Bankruptcy ........................................................................... 13

Information-Gathering Forms for the preparation of Your Bankruptcy Petition .................................... 14


General Information ................................................................................................................. 1

Debt Sheet .............................................................................................................................. 2

Income History ........................................................................................................................ 3


Monthly Budget ....................................................................................................................... 4

Asset Checklist ........................................................................................................................ 5

Duty to Disclose All Assets ...................................................................................................... 13


Duty to Disclose All Creditors .................................................................................................. 14

Agreement ............................................................................................................................... 15

Additional Documents Needed to File Petition ........................................................................ 16


102 Things You Need to Know
Before Filing Bankruptcy
Bankruptcy To Go Kit For instance, Matt down the street comes
by one day to tell you how he filed bank-
This file that you recently downloaded ruptcy last week and purchased a new car
from the internet is a complete ebook this week. However, your brother
dedicated to helping the following types Marshall filed bankruptcy last year and his
of people: credit has been ruined ever since.
Marshall can’t even get a check-cashing
(a) Consumers -- people who are card at his bank. What happened? What
interested in learning more about did Matt do that Marshall didn’t? Will the
bankruptcy and/or interested in filing same thing happen to you?
their own bankruptcy and saving $100’s
of dollars in attorney fees. And what about when Debbie filed bank-
ruptcy because her husband died and the
(b) Paralegals -- legal professionals household income was reduced? When
with an attorney/boss who is consider- she filed bankruptcy they came and took
ing offering bankruptcy services to her home away! Of course there is no way
clients. you would want that to happen to you.
You don’t want to lose your home, car and
(c) Attorneys -- legal professionals furniture just because you decide to file
who do not normally offer bankruptcy bankruptcy.
services to clients, but are interested in
starting. The forms included in this Stories like these are certainly not unique.
“Bankruptcy To Go Kit” can be printed All of these same fears surround almost
and used in the office as master forms. everyone when they are thinking about
filing bankruptcy for the first time. Fear of
Overview the unknown is a natural reaction for
human beings. However, this is precisely
Thank you for downloading this free the reason why this book was written. It is
book from the website located at http:// written to take the fear out of filing bank-
www.victoriaring.com/bankruptcy/ ruptcy, but most importantly, it will educate
book01.doc. This book is written by a you so you can make a more informed
Victoria Ring, a bankruptcy paralegal, decision about whether filing bankruptcy is
who is well aware of the confusion and in your best interest or not.
multitude of questions that surround the
subject of bankruptcy. Her experience Filing bankruptcy is not necessarily for
of working with 100’s of clients filing everybody, as you will soon see; and after
bankruptcy in the Columbus, Ohio area reading this ebook, you will be in a better
has awarded her the ability to know position to make an educated decision
what consumers really think and want about your present financial condition. If
to know about this subject as well as all you decide to go ahead with the process
the steps they need to take in order to of filing bankruptcy, at least you will know
file. what to expect after reading this ebook.
Free Forms Included ruptcy right now, you will have pertinent
and important information gathered to help
Beginning on Page 14 of this ebook, a you access your financial situation. Also, if
variety of forms are provided for you to you should hire an attorney to file your
print out, fill out and mail in at your bankruptcy petition, the forms will already
convenience if you decide you want to be ready to hand to the attorney. He/She
file your own bankruptcy. Or, if you are will greatly appreciate your preparedness
an attorney, you can print out the and it will be quicker to process your
forms, remove my name from them bankruptcy petition.
and use them for your own office.
However, if you want to save $100’s in
I personally designed these forms for attorney fees, I can personally prepare you
the two bankruptcy attorney’s that I a Chapter 7 or Chapter 13 bankruptcy and
was employed with. At the time I hired submit it as a “non-attorney preparer.” (It
at the law firm, they were still using old is legal in all 50 states to file your own
1960’s style forms. Because the bankruptcy with or without an attorney.) I
bankruptcy laws had changed so will prepare your petition for $89.95 and
dramatically, when we did intake send it back to you through the mail. You
interviews with clients, we had to write then take the papers and file them in court,
additional information on the side, attend your 5-10 minute 341 Hearing in
bottom and back of the old 1960’s about 6 weeks and confirmation hearing
forms to have enough information to which takes 2-3 minutes. It’s a simple
prepare the bankruptcy petition. process, which I will walk you through if
you decide to us my services.
After several months of using these
old, outdated forms I figured out the But ... let’s read on to discover those 102
best way to update them. I sat down things you need to know before filing
one day and re-designed the forms to bankruptcy. That’s why you downloaded
include virtually every piece of informa- this ebook for in the first place, right?
tion needed for the paralegal to pre-
pare a well-presented bankruptcy My best to you,
petition to the Bankruptcy Court.

However, the forms were not perfect


Victoria Ring
the first time out. We had to put them Victoria Ring
through actual office use and work the Bankruptcy Paralegal
“bugs out” before they were perfect.
So be assured, the forms included in
this Bankruptcy-To-Go Ebook Package
have been previously tested by a law
firm that does nothing but specialize in
filing bankruptcy petitions.

Paid Services

If, after reading this ebook, you should


contemplate filing bankruptcy, print out
the forms and start filling them out.
Even if you decide not to file bank-
“102 Things You Need to Know Before You File Bankruptcy”
Page 1

Guidelines 8. If you have withdrawn from your


savings account for two months; bank-
If you are considering filing for bank- ruptcy may be a consideration.
ruptcy, you are not alone. Many people
have and will continue to file for bank- 9. If you are depressed about your
ruptcy based upon the times with financial situation, it may be time to con-
corporate layoffs, downsizing and sider bankruptcy.
continuing business failures. Although
not inclusive, the general guidelines 10. If you have a severe financial set-
below will help you determine if you back such as the loss of a job, major
should consider filing bankruptcy. surgery without medical insurance, etc., it’s
time to seriously consider bankruptcy.
1. You should file for bankruptcy
when you cannot reasonably pay your Generally, people filing for bankruptcy are
bills. dealing with the following situations:

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

Changes in Payments During a business or individuals with a large amount


Chapter 13 Bankruptcy of assets or debts that exceed one million
dollars. In a Chapter 11 bankruptcy you
61. Nothing stays the same. During are allowed to still operate your business
the 3-5 years that you are making but your creditors and the court must
regular payments to the Chapter 13 approve a plan to repay your debts. There
Trustee anything could happen. You is no Trustee unless the judge decides that
may lose your job. Your spouse may one is necessary; however, if one is ap-
lose their job. You may have a new pointed to your case, the Trustee will take
baby. You may inherit some money. control of your business and property.
Your old car may conk out and you
have to replace it. A million things can (Note: I will not cover Chapter 11 in
happen, which means your Chapter 13 this ebook because most consumers file a
payment can be lowered or raised Chapter 7 or Chapter 13 bankruptcy.
depending on the circumstance. Please consult with an attorney if you are
interested in filing a Chapter 11.)
62. Many people, when something
occurs where they cannot make a Rules that Apply to All Forms
Chapter 13 payment one month, will of Bankruptcy
simply not pay it. This is a very bad
idea. All you have to do is contact your 65. Any debts you make AFTER you file
attorney and ask them to file a Motion your bankruptcy petition cannot be in-
to Modify the Chapter 13 Plan. You cluded in your bankruptcy.
will need to go to the office and supply
the attorney with new, updated income 66. Any debts you made BEFORE you
and budget information, which explains filed your bankruptcy petition, but forgot to
why you cannot make your normal include when you filed, can be added by
Chapter 13 payment, but it is well your attorney. He/she will file an Amend-
worth the 2 hours of time. ment to whichever Schedule of the bank-
ruptcy petition is effected by the additional
63. If you need to go into debt and debt(s).
purchase something on credit while
you are going through a Chapter 13 67. After your bankruptcy is over and the
bankruptcy, your attorney can file a creditors have been satisfied, any lien you
Motion to Incur Debt for you. This will have is not automatically removed from
allow you the needed money to pur- your property. The attorney will need to be
chase the item. (Example: Sell one car hired to remove the lien.
and purchase another one.)
68. Never make the mistake of running
Chapter 11 Bankruptcy up debts on all your charge cards and then
filing bankruptcy. You can be held respon-
64. Chapter 11 is similar to a Chapter sible for any charges you made within the
13, but it is normally filed by larger last ninety (90) days.
“102 Things You Need to Know Before You File Bankruptcy”
Page 8

Debts That Cannot be Discharged • Name and complete mailing ad-


dress of who you owe;
69. Some of the debts you owe • Your account number (if appli-
cannot be forgiven in bankruptcy and cable);
will need to be repaid by you. Even if • The name of who owes the debt
the debt is included in your original (husband, wife or both);
bankruptcy petition, any unpaid bal- • The total amount you owe this
ance must be paid by you when the creditor;
bankruptcy is over. The types of debts • How much your monthly payments
I am referring to include, but are not are;
limited to the following: • The date you originally went into
debt with this creditor. (If you can’t re-
• credit obtained by false pre- member the exact date, just an approxi-
tenses or acts of fraud; mate year [i.e., 2001, 2002, 2003, etc.] will
• all taxes, customs or duties; do);
• debts owed for fines and penal- • If the debt is for a credit card,
ties to another government unit; record the last date you charged on this
• student loans; credit card. If you charged less than 90
• child or spousal support; days ago, you need to write down the
• luxury items valued at $500 or amount you charged and the reason for
more that were purchased sixty (60) the purchase.)
days from the date you filed your
original bankruptcy petition; 71. In the same file folder, also put in the
• cash advances of $1,000 or following documents:
more that were made within sixty (60)
days from the date you filed your • Your current paycheck stubs;
original bankruptcy petition; • If you are unemployed, include
• debts made due to an act of copies of documents showing any income
embezzlement or larceny; you receive(d) from unemployment,
• debts owed a party where you worker’s compensation, child support, SSI,
maliciously caused injury to another; social security, retirement, estate, etc.
• debts owed for the death or • Mortgage and deed if you own or
personal injury while intoxicated by are purchasing a home or other real
drugs or alcohol. property (i.e., land, apartment complex,
etc.);
The First Steps to Filing a • Copies of your car, boat, motor-
Bankruptcy Petition cycle, mobile home or other titles to motor
vehicles;
70. Take a file folder and put a • Copies of your tax returns;
statement from every creditor that you • Copies of any court proceedings
owe in it. If you don’t receive a filed against you;
monthly statement from the creditor,
put the following information on a sheet 72. When you have put together your file,
of paper and put it in your file: you will have most of the information
“102 Things You Need to Know Before You File Bankruptcy”
Page 9

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?

At the present time, if you are The filing of a bankruptcy under


living together with a significant other Chapter 7 or Chapter 13 will IMMEDI-
but are unmarried, you cannot file a ATELY bring the harassment caused by
bankruptcy together, even if the bills creditors to a HALT. Once your bankruptcy
are in both your names. In this case, has been filed, creditors are forbidden from
each one of you would have to file taking action against you or against your
separate bankruptcy petition. A com- property to collect money you owe them. If
petent attorney or paralegal can sepa- they try to do so, they can be held in
rate the expenses and budget so that contempt of court. This is the advantage
each of you pay 50% of the day-to-day of the law, administered by the United
living expenses (if both of you share States Bankruptcy Court, and provided as
the expenses) and submit the informa- a way to help citizens get “another
tion properly to the court. chance.” Even if there is a wage garnish-
ment or other legal proceeding under way,
86. Will bankruptcy stop a wage the filing of a bankruptcy will bring it to a
garnishment? screeching halt, giving you the opportunity
to take care of your financial affairs in an
Yes, some of the money gar- orderly and permanent way.
nished from your paycheck may even
be returned to you. It all depends on 88. What if I owe the IRS back taxes?
how much was garnished and when it How will bankruptcy help me?
was garnished. If your wages are
currently being garnisheed, a Notifica- Most tax debts cannot be discharged
tion of Stay pleading need to be filed in in a bankruptcy. Trust funds and withhold-
court as well as a letter mailed to the ing taxes you owe, such as sales taxes or
creditor and your employer to stop the employee withholding obligations can
garnishment after your bankruptcy never be discharged. However, income
petition is filed. and self-employment taxes can be dis-
charged if they are at least three (3) years
Stopping a wage garnishment is old and the tax returns have been on file
possible because whomever you owe for at least two (2) years.
“102 Things You Need to Know Before You File Bankruptcy”
Page 12

In situations like this, a bank- If your should receive any harassing


ruptcy can be a great help in many or annoying creditor calls after filing your
ways. The biggest benefit is that you bankruptcy petition, a letter can be mailed
may be able to reduce the amount of to the creditor which spells out Section 362
the tax you owe. In a Debt Adjustment of the Bankruptcy Code (Automatic Stay.)
Plan, you can also stop interest and This letter prohibits the creditor from
penalties on all taxes you owe — even contacting you again or risk being held in
the ones that are non-dischargable. contempt of court.
This will place you in a situation where
it will be easier to pay your taxes off. 91. Am I a “bad” person because I file
bankruptcy?
89. How much does it cost to file
bankruptcy? You are NOT a “bad” person be-
cause you decide to file for bankruptcy.
At the present time, the court will Back in the old days (pre 1900), if a person
charge you $200.00 to file a Chapter 7 went bankrupt, creditors stepped in, sold
bankruptcy petition and $185.00 to file everything the person owned, split the
a Chapter 13. money between themselves, put the
bankrupt person out in the street and make
90. When does a bankruptcy take a public mockery of them. Therefore, this
effect? is why people who have not kept up with
When the Clerk of Court receives the times, still feel that bankruptcy is a
your bankruptcy petition and date/time “bad” thing to do. But that was over 150
stamps it, your bankruptcy is immedi- years ago! The economy has changed,
ately effective. The Court sends notice employers have changed, life is more
of your filing to all of your creditors and complicated, interest rates are higher than
bill collectors generally within 24-48 they have ever been in history and the
hours after filing. That is why it is so money you make doesn’t reach as far as it
vitally important to include complete used to just five years ago.
addresses and zip codes of all the
people you owe on your bankruptcy Any one of these factors could cause
petition. The court will send a copy of a “good” person who was responsible and
your petition to all these creditors so financially secure, to suddenly consider
they will stop harassing you. If those filing bankruptcy. Not one of us is immune
addresses are not correct, the creditor from the world’s problems. So if there
won’t know you filed bankruptcy and comes a point in your life where you find it
will continue to harass you. It is also necessary to take advantage of the bank-
important to list all the collection ruptcy law, don’t feel “guilty” about it. In
agency addresses so they can be fact, you should be glad the United States
notified as well. Upon receipt of the has set up a governing body to protect
notice of your filing, creditors and bills people like you and me.
collectors are prohibited from having
contact with you.
“102 Things You Need to Know Before You File Bankruptcy”
Page 13

Websites to Help you Learn More 101. http://www.abanet.org/home.html — This


About Bankruptcy link will take you to the American Bar Associa-
tion website where you can search for and
92. http://www.bid4assets.com/ — A locate an attorney in your area that is a mem-
bidding website where you can purchase ber of the Bar Association.
items sold in bankruptcy estates. Pick up a
real bargain! 102. http://www.victoriaring.com/bankruptcy
— I update this website on a weekly basis. I
93. http://www.swiggartagin.com/bkfaq/ also add questions from people just like you on
— This site lists a long list of questions and the “question and answer” page. So bookmark
answers about bankruptcy to help consum- my website, subscribe to my ezine and keep
ers. checking back for the latest information.

94. http://bankruptcy-law.freeadvice.com/ I sincerely hope this book helped you to


— This is another web site containing a become more knowledgeable about the
long list of questions and answers to help subject of consumer bankruptcy. I cer-
consumers understand more about bank- tainly understand and symphasize with
ruptcy. people who are experiencing financial
difficulties because I have been in the
95. http://www.myguidehub.com/bank-
same boat you are in right now. (I had to
ruptcy/ — This wealth of information
website is specifically for consumers filing
file bankruptcy back in 1988.)
bankruptcy.
However, don’t allow debt to destroy your
96. http://www.uscourts.gov/bankform/ life. Instead, you have the opportunity to
— You don’t have to spend money on a take charge of your financial situation and
“do-it-yourself” kit. Download all the official get some relief, which is legally offered to
bankruptcy forms from the internet so you you by the United States Bankruptcy
have an idea of what they look like. Court.
97. http://www4.law.cornell.edu/uscode/
11/ — The Bankruptcy Code online.

98. http://bankrupt.com/ — Internet


bankruptcy library.

99. http://findlaw.com/01topics/03bank-
ruptcy/ — Findlaw’s resources for bank-
ruptcy.

100. http://www.bestcase.com/ — The


software program I highly recommend
using for preparing bankruptcy petitions. I
recommend it to all attorney offices,
freelance paralegals and other non-
attorney preparers.
“102 Things You Need to Know Before You File Bankruptcy”
Page 14

IMPORTANT -- PLEASE READ!!


The following 16 pages contain the forms you need to fill out in order to have a bank-
ruptcy petition preparer obtain all the information necessary to prepare your official
bankruptcy petition for court. These forms have been used in Columbus, Ohio and
were personally designed by Victoria Ring and they are provided free to you as part of
the “Bankruptcy-To-Go” Kit.

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

Name of Bankruptcy Jurisdiction:


(To obtain this information, call the directory assistance operator [or check the court listings in your telephone
directory] and obtain the telephone number of the Bankruptcy Court in the county where you reside. [You will
need to know where this court is in the future to file your petition.] Ask the receptionist at the Bankruptcy Court
what the “jurisdiction” is for your county. Print this information above. If you are unable to locate this informa-
tion for any reason, enclose an additional $5.00 and I will search and locate this information for you. This
information is extremely vital for the completion of your bankruptcy petition.)

Name, First Middle (spell out) Last

Social Security Number Date of Birth

Street Address

City State Zip

County of Residence Length of Time at This Address

SPOUSE, First Name Middle (spell out) Last

Social Security Number Date of Birth

Address (if living separately)

City State Zip

Area Code & Home Phone Work Phone Spouse’s Work Phone

DEPENDENTS
Name Age Relationship to You Is this dependent
living With You?

Are you paying or receiving any alimony or support money? o Yes o No

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:

Page 1 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
DEBT SHEET
Feel free to print out more of these forms if you need them. For every creditor you owe, you must provide the date
you originally obtained the debt. If the debt is for a credit card, you must provide the last date you charged on the
credit card. If you cannot remember the exact date, just provide a date within a 2-year time span; even just a year,
like 1998 or 1999 is fine. Zip codes of the creditors is also essential because the software program used to
produce the bankruptcy petition requires this information before a creditor can be added.

Name of who you owe Total amount you owe $


Address Account Number
City Date originally obtained the debt
State Zip Date last charged on this account
Has this debt been turned over to a collection agency? Normal Monthly Payment Amount
If so, provide their name and address below: How many months are you behind?
Collection Agency Name What is this debt for? (Medical, Credit Card, Car,
Address Home, TV set, etc.)
City Whose name is the debt under? (Husband, Wife,
State Zip Both, or is it cosigned?)

Name of who you owe Total amount you owe $


Address Account Number
City Date originally obtained the debt
State Zip Date last charged on this account
Has this debt been turned over to a collection agency? Normal Monthly Payment Amount
If so, provide their name and address below: How many months are you behind?
Collection Agency Name What is this debt for? (Medical, Credit Card, Car,
Address Home, TV set, etc.)
City Whose name is the debt under? (Husband, Wife,
State Zip Both, or is it cosigned?)

Name of who you owe Total amount you owe $


Address Account Number
City Date originally obtained the debt
State Zip Date last charged on this account
Has this debt been turned over to a collection agency? Normal Monthly Payment Amount
If so, provide their name and address below: How many months are you behind?
Collection Agency Name What is this debt for? (Medical, Credit Card, Car,
Address Home, TV set, etc.)
City Whose name is the debt under? (Husband, Wife,
State Zip Both, or is it cosigned?)

Name of who you owe Total amount you owe $


Address Account Number
City Date originally obtained the debt
State Zip Date last charged on this account
Has this debt been turned over to a collection agency? Normal Monthly Payment Amount
If so, provide their name and address below: How many months are you behind?
Collection Agency Name What is this debt for? (Medical, Credit Card, Car,
Address Home, TV set, etc.)
City Whose name is the debt under? (Husband, Wife,
State Zip Both, or is it cosigned?)

Page 2 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
INCOME HISTORY
Debtor’s Name Debtor’s Name
Year-to-Date Total from current Year-to-Date Total from current
paycheck stub? paycheck stub?
Gross Income 2000 Gross Income 2000
Gross Income 1999 Gross Income 1999
Employer’s Name Employer’s Name
Address Address
City, State, Zip City, State, Zip
Telephone Number Telephone Number
Length of Time at This Job? Length of Time at This Job?
Job Title Job Title
How often do you get paid? (check one) How often do you get paid? (check one)
o every week o every week
o bi-weekly (sometimes I get paid 3 times a month o bi-weekly (sometimes I get paid 3 times a month
o semi-monthly (on the same 2 days of each month) o semi-monthly (on the same 2 days of each month)
o once a month o once a month
Gross wages before deductions Gross wages before deductions
Estimated overtime and commissions Estimated overtime and commissions
Taxes deducted (FICA, Federal, State, Local) Taxes deducted (FICA, Federal, State, Local)
Insurance Insurance
Union Dues Union Dues
Alimony or Child Support Alimony or Child Support
Other: Other:
Take Home Pay after all deductions Take Home Pay after all deductions
Regular income from the operation Regular income from the operation
of business or profession or farm of business or profession or farm
Income from real property (rentals) Income from real property (rentals)
Interests and Dividends Interests and Dividends
Alimony or Child Support received Alimony or Child Support received
Social Security Social Security
Government Assistance Government Assistance
Food Stamps Food Stamps
Public Assistance Public Assistance
Pension or Retirement Pension or Retirement
Other Income Other Income
Do you have a slow season at work or a regular lay off? Do you have a slow season at work or a regular lay off?
o Yes o No If yes, what months are slow or lay off o Yes o No If yes, what months are slow or lay off
months? months?
How much is your pay reduced? How much is your pay reduced?
Do you have a second job? o Yes o No If yes, Do you have a second job? o Yes o No If yes,
Employer’s Name Employer’s Name
Address Address
City, State, Zip City, State, Zip
How often are you paid? How often are you paid?
o every week o every week
o bi-weekly (sometimes I get paid 3 times a month o bi-weekly (sometimes I get paid 3 times a month
o semi-monthly (on the same 2 days of each month) o semi-monthly (on the same 2 days of each month)
o once a month o once a month
Gross Wages (second job) Gross Wages (second job)
Take Home Pay (second job) Take Home Pay (second job)

Page 3 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
MONTHLY BUDGET
This form is necessary to determine how much you spend each month on living expenses. Be sure to
write in the MONTHLY (not weekly) amounts in the spaces below each expenditure. For utilities, your bill
may be higher in the winter than in the summer, so write an amount that is “average” covering the whole
12 month period.

Housing Expenses Other Expenses


Are real estate taxes included in your mortgage Alimony or Child Support
payment? o Yes o No
Payments for someone outside
Is your home insurance included in your mortgage
payment? o Yes o No your home
First Mortgage, rent or mobile Union Dues
home monthly payment Professional Dues
Second mortgage (if applicable)
Child Care Expenses
Third mortgage (if applicable)
Lot Payment Babysitter/Day Care Expenses
Taxes not included in house payment School Expenses
School Lunch Expenses
Utilities
Newspapers, Books, Magazines
Electricity and Gas
Water Personal Care Items
Telephone Other
Trash Pick-Up Other

Basic Needs Note:


Home Maintenance
Food Please note that some (or all) of these expenses may
Clothing be adjusted to adhere to Bankruptcy Codes. For
Laundry, dry cleaning instance, a couple with no children cannot submit
Medical expenses not paid by insurance $1,000 in monthly expenses for recreation and
entertainment. However, the average person does
Transportation not know this type of information. Unless you are
Gasoline familiar with and have studied Bankruptcy Code
Automobile maintenance rules, you would have no idea how to adjust your
Recreation, Entertainment budget to comply with these rules.
Charitable Giving (if claimed on taxes)
This is just one example to show you how the
Insurance bankruptcy kits sold in chain stores normally do not
Homeowners or Renters work well for most folks. People filing their own
Life Insurance bankruptcy, and unfamiliar with the rules and
Health Insurance regulations of Bankruptcy Code, will probably have
Automobile Insurance their petition rejected by the Trustee. If this happens,
Other Insurance the person will lose the $200 or $185 filing fee they
spent to file their petition in court. So often times,
Taxes those bankruptcy kits can be a costly lesson.
Are any other taxes deducted from your wages? If
so, what type of taxes are they?

Page 4 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
ASSET CHECKLIST

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.

Do you own, or are you buying real estate? o Yes o No


Address/Description of Property
Name of First 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.):

Name of Second 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.):

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:

Page 5 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Do you own or are you buying a time-share in a vacation property or resort? o Yes o No
If so, provide details:

Do you own, or are you buying a mobile home? 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 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.

Are you renting-to-own any of your furniture or appliances? o Yes o No


Description of Item
** Be sure to list the name, address and other information about this creditor on Debt Sheet.

Page 6 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Have you gone to a loan company or bank and listed any of your furniture, appliances or personal
possessions at the time you obtained the loan? 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

Are you buying any jewelry with installment payments? o Yes o No


Description of Item
Value of the item if sold at a flea market or yard sale
** Be sure to list the name, address and other information about this creditor on Debt Sheet.

Do you own any guns? 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

Do you have any checking or savings account(s) at this time? o Yes o No


Name of Bank
Type of account: Checking, Savings or Both?
Name(s) on the Account
Account Number Present Balance

Name of Bank
Type of account: Checking, Savings or Both?
Name(s) on the Account
Account Number Present Balance

Page 7 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Are you a member of a credit union? o Yes o No
Name of Credit Union
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:

Besides retirement/pension, is there a separate profit-sharing plan at your work? o Yes o No


Type of stock, bond, etc. (i.e., 401-K, PERS, etc.)

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?

Page 8 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Even if you never expect to collect any money, does an ex-spouse owe you money for alimony or
child support? o Yes o No
Name of Ex-Spouse
Address of Ex-Spouse
Total amount he/she owes you Date originally started owing you
Has this ex-spouse been court ordered to pay you?

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 the beneficiary of a trust fund? 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

Is any of your property in the hands of a repairman, storage company or pawnbroker?


o Yes o No
Name of Place Holding Your Property
Address
City, State, Zip
Description of Items
How much would it cost to get these items back in your possession?

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

Page 9 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Even if you never expect to collect, does anyone owe you any money for any reason whatsoever?
o Yes o No
Name of Person who owes you money
Address of Person who owes you money
City, State, Zip of Person who owes you money
Explain why they owe you money:

Why don’t you feel you will ever be able to collect this money?

Amount they owe you Date they originally owed you

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

Name of Creditor You Paid


Date Paid Amount Paid Current Balance Due

Are there any lawsuits pending against you now? o Yes o No


Who is currently suing you?
Attorney’s name and address assigned to the case (if applicable):

What is the case number on the court document?


** Please include a copy of this document when you return this form.

Have your wages or property been garnisheed or attached? o Yes o No


Who garnisheed your wages or attached your property?
When did they take the property or start the garnishment?
How much money do they take from your paycheck and how often?

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?

Is any of your property in receivership or other legal custody? o Yes o No


When did you file your receivership?
In what court was this done?

Have you made any extraordinary gifts? o Yes o No


What extraordinary gifts or transfers have you made?
Who did you give the gift to?
What is their address?
What date/year did you make the gift? What is the approximate value?

Page 10 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Have you transferred any money or property to family members or friends or paid them any
money on debts you might owe them? o Yes o No
Type of property transferred:
What date/year was it transferred? What is the approximate value?

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 had any losses covered by insurance? o Yes o No


Describe loss:
Date/year of loss? 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

What are the contents of the safe deposit box?

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.)

Page 11 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
Are you holding any property that belongs to someone else? o Yes o No
Item(s) in your possession:
Name and address of person these items belong to:

Is anyone holding any property that belongs to you? o Yes o No


Item(s) in someone else’s possession that belong to you?

Name and address of person holding these items belonging to you?

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)

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?

What were your net profits for 2001? 2000? 1999?

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?

Do you expect to receive a tax refund this year? o Yes o No


Amount of tax refund anticipated?

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.

Signature of Debtor #1 Signature of Debtor #2

Page 12 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
DUTY TO DISCLOSE ALL ASSETS

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:

o Any interest in real property (Land)


o Any titled vehicle including mobile home
o Any non-titled vehicle including motorcycle, 3 & 4 wheelers, trailers, etc.
o Cash
o Monies on deposit with a bank or financial institution
o Any and all claims including but not limited to personal injury, general torts,
future interests in life estates, interest in death benefits of life insurance
policies or trusts
o Claims for medical or other professional malpractice
o Settlements due to alimony, support and property settlement
o Tax refunds
o Retirement accounts, IRA, bonds, stocks, annuities
o Account receivables
o Boats, motors and accessories

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)

Page 13 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
DUTY TO DISCLOSE ALL CREDITORS

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)

Page 14 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
AGREEMENT

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:

1. No information provided by Victoria Ring is intended to be legal advice or recommenda-


tion for action, nor should any information provided be construed as such advice or
recommendation. Victoria Ring’s knowledge is compiled from training received from
individual attorney’s specializing in bankruptcy law, her day-to-day knowledge working
with bankruptcy law and her knowledge of preparing 100’s of bankruptcy petitions. I
understand that all legal advice must be obtained from an attorney licensed to practice
law in my state.

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.

By signing below, I agree to the statements made in this Agreement.

Debtor (Husband) Debtor (Wife)

Date: Date:

Page 15 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/
ADDITIONAL DOCUMENTS YOU NEED TO SEND
TO VICTORIA RING TO PREPARE YOUR
NON-ATTORNEY BANKRUPTCY PETITION

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.

Vehicle Titles and Proof of Insurance (if applicable)


If you own or are purchasing any motor vehicles (cars, boats, motorcycles, mobile home, etc.)
you must enclose a copy of the title as well as a copy of the front page of your insurance policy
(if insurance is required in your state.)

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.

Lease Papers or Other Contracts


If you are leasing a motor vehicle or entered into a contract for a cell phone, pager, satellite
service, alarm system, etc., enclose copies of these papers. This is necessary to determine the
contract length, monthly payments and other necessary information for the bankruptcy petition.

Small Business Owners


If you have made any money running a home or small business within the past two (2) years,
enclose a sheet of paper detailing the average monthly income for the business and the aver-
age amount of expenditures you had in running the business. A copy of your tax return show-
ing these expenses would be fine, but if you only reported it as “additional income” on your
taxes, a simple sheet of paper detailing the income and expenses will do just as well.

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.

Page 16 of 16 -- Information Gathering Sheets for Bankruptcy Petition Preparer


Designed by Victoria Ring, http://www.victoriaring.com/bankruptcy/

Das könnte Ihnen auch gefallen