What Documents should I provide my attorney for my bankruptcy?
Bankruptcy filings are based on a legal test called the "means test." In other words, people are only eligible for certain types of bankruptcy relief based on how much money they make. The means test is based on the 6 months of income preceding the month someone is filing their bankruptcy. For example, a person who files their case in July, would provide all bank statements and pay stubs from January 1st - June 30th.
People are also expected to provide the preceding two years of tax returns, with all schedules attached.
Other needed supporting documents might include titles to fully paid vehicles, deeds to property owned outright, stock certificates, and any other documentation of assets.
If people are over median income for their household size, they may need to provide documentation of abnormally high medical expenses or other proof that their cost of living is unavoidably higher than normal.
Sometimes a bankruptcy trustee will request additional documentation relating to an asset, such as proof of insurance. Sometimes business owners or self employed people are asked to provide further evidence of business expenses.
It is a good idea to save all receipts of all expenses, in case a bankruptcy filing becomes subject to a random audit or additional investigation by either the regular trustee or the Office of the US Trustee.
Required Documents (copies only, please):
6 months of paystubs
6 months of bank statements
3 years of tax returns (only 2 years for Chapter 7 cases)
copies of court paperwork such as creditor lawsuits, complaints, judgments, etc.
copy of bills, especially medical bills, collection or other accounts which are more likely not to be indicated on the credit report
titles of vehicles owned outright
deeds to property owned outright
other documents indicating assets, as applicable (stock certificates, bonds, etc.)