Please read these instructions carefully before filling out your forms. The more detail you provide, the faster your case can be prepared.
The extra time you spend providing detailed answers to the questions on these Client Intake Forms will prevent your case from being delayed. If you do not provide the answers, we will need to speak with you at a later time to obtain the information anyway. So please take the time now and do not allow your case to be delayed over a few unanswered questions.
Everything you have in your possession — from the coffee pot to the house you live in and everything in between — is an asset. Even if you still owe money to a creditor, the asset you are paying for is still in your possession and its value must be disclosed when you are filing bankruptcy.
Your attorney may be able to help you estimate the value of some property, but in most cases values can be obtained from current mortgage statements, receipts, and bank records.
Providing the complete names and addresses for every debt you owe — as well as the company collecting for the debt, if applicable — is extremely important. Without this information, the company you owe money to may not be properly notified by the court and the debt may not be eligible for discharge.
In some instances it can even be considered fraud not to provide complete mailing addresses for all creditors, because it denies a creditor the right to file a Proof of Claim or Motion for Relief from Stay in a timely manner and could delay the discharge of your case.
What if you don't know the address? Start by calling the toll-free national information line at 1-800-555-1212 to see if a toll-free number is listed under the company's name. You can also search online at google.com or look up ZIP codes at usps.com. Be sure to list both the original creditor's address and any collection agency address — all parties need to be notified by the court.
What to do if creditors keep calling after you've retained an attorney: Provide the collector with Lauren's name and phone number, and your case number if you have one. Do not provide any other information. Allow your attorney to handle the creditor — that is what she is here for.
Under changes to bankruptcy law effective October 17, 2005, you are required to pass a Means Test to determine whether you are eligible to file Chapter 7 or Chapter 13. The court requires that you provide the amount of income you earned for the last 6 months.
Even if your income has drastically increased or decreased recently, the amounts you received must still be disclosed. This information may or may not match what you report on the Income History form.
An often-overlooked piece of vital information is your year-to-date income, plus the income you made in the last two years. This appears right below your name on the Income History form. Your year-to-date total should appear on your most recent paycheck stub.
If you have had more than one employer this year, provide the total income earned working for all employers combined.
If you also receive or have received another type of income — child support, unemployment, Social Security, pension, etc. — within the past 2 years, provide the income for this year and the last 2 years for each separate type. Note: Social Security income is not considered income under bankruptcy law, but Lauren still needs this information for your file.
Every box on the Statement of Affairs forms must be answered with either Yes or No. These pages serve as a written statement about your current financial condition. If a box is left unanswered, you will need to provide a written statement before your petition can be finalized.
If any question is answered "Yes," fill in all the required detail under that question. For example: if a car was repossessed, don't just write "car" — provide the year, make, and model. If you previously lived at another address, include the full city, state, and ZIP code.
The higher level of detail you provide at this stage will move your case along quickly and prevent long delays and additional paperwork later.
Always provide the year, make, and model of every motor vehicle. The court requires market values obtained from the Blue or Black Book, which requires all vehicle information including present mileage.
For example: "2001 Kia" is not sufficient — write "2001 Kia Rio" or "2001 Kia Spectra," etc. Simply writing "car" tells us nothing and delays the filing of your petition.
If you have been involved in any court proceeding within the past 12 months — including foreclosure, wage garnishment, traffic tickets, fines, lawsuits, or debt collection judgments — we need the following information, which can be found on the court pleading you received:
The easiest approach is to make a photocopy of the court document and include it with your intake forms. If you no longer have the pleading, you may be able to find it online by searching for your county court records at google.com.
Contracts may include cell phones, automobile leases, or any agreement you entered into with another party to pay back a debt. For each contract, provide:
A Note from Lauren's Office
We understand that filing bankruptcy is not something people enjoy doing. We know this is a stressful time in your life. However, we want to make the experience as easy as possible — and the only way we can do that is to obtain all the information needed for Lauren to represent you in court.
Thank you for taking the extra steps necessary to help us make this time a little less stressful. Please do not hesitate to call our office if we can assist you in any way.
Source: Thomson-West / Laura J. Margulies & Associates LLC