How do I get started to filing Bankruptcy?

August 5, 2010 | Author admin

This process starts with a phone to my office by you or your relative to schedule your Free initial consultation. At your initial free consultation, you will not be charged any money at the law office of attorney Geoffrey Nwosu even if you decided not to use my service. We will review your income, expenses and debts to determine your financial situation. We will also explain to you how bankruptcy works and whether you are a good candidate for bankruptcy and the fees involved.

You will definitely be the person to make the final decision whether to proceed with filing bankruptcy or not. If we both agree to work together after evaluating your case and recommending bankruptcy, I will need a number of documents. The following documents will need to be provided to us.

What documents do I need to provide?

A certificate of credit counseling.
Completed application provided to you by our San Jose bankruptcy law firm
Recent credit report
Pay stubs for the 60 days before filing your case.
Most recent tax returns filed.
Tax returns filed to date and tax returns for prior years that had not been filed
Photo identification in some states.
Delinquent tax returns. May be required before Section 341 Meeting of Creditors.

What actions do I take before filing bankruptcy?

Properly file your taxes.

It is required that you file your most recent year’s taxes to qualify for Chapter 7 bankruptcy relief. We will forward a copy of your return to your assigned bankruptcy trustee after your case is filed. You may need to contact your accountant to make sure that you are current or you may prepare one yourself if possible. Some creditors may also request current copies.

Provide you’re most recent pay advices.

We will need you must provide the most recent 60 days worth of paycheck stubs at the time your case is filed if you have one. We also recognize that this is a difficult time in our economy and not everyone has a job to provide any paycheck stub. We also forward the paycheck stubs to your assigned bankruptcy trustee or may be filed with the clerk of the bankruptcy court. Paycheck stubs from any other source will also be provided to the trustee.

Get a copy of your recent credit report, income and expense statements.

It is very important that all figures provided match with what is in your completed application. We will assist you and answer all the questions that you have to make sure that your filing is not dismissed. We will use this information provided to prepare and file your bankruptcy for you after you have reviewed and agreed with the documents. The main goal is to remember is to list all creditors on your bankruptcy petition and schedules so that they don’t come after you after the debts that you listed are discharged and wiped off. You may want to consider acquiring a copy of your most recent credit reports to keep up with what is on your credit report. You are allowed a free copy of your credit report each year and you can get that from any of the three credit reporting agencies like Transunion, Equifax and Experian at www.annualcreditreport.com. San Jose Bankruptcy Lawyer.

Avoid using your credit cards and do not incur any additional credit.

Credit card issuers are very aware of attempts to run-up the charges on credit cards by debtors who have no intention of ever paying it. This also applied to cash advances. The bankruptcy trustee will scrutinize your file and will uncover any attempt to play the system. The credit card issuer will likely object and argue that you only used the card because you want to discharge it in bankruptcy. This will mean that the court may require you to pay the amount charged after your bankruptcy is discharged.

Take the required credit counseling briefing.

In filing bankruptcy in California, you are required to take a credit counseling briefing from an approved credit counseling agency before your case is filed. This credit counseling briefing can be done on the internet or on the telephone. The class takes less than one hour and costs from $30.00 to $60.00 depending on the agency and state.

Check and review your petition for accuracy with your lawyer

We will prepare your bankruptcy petition and schedules with the information and disclosures that you have provided to us. The petition and schedules will then need to be reviewed and signed by you. You must make sure that your list of itemized creditors is complete and your list of income and liabilities accurate. Your petition is a legal document. Some judges may question major changes to your petition.

Geoffrey Nwosu San Jose ca bankruptcy attorney & lawyer Disclaimer: California bankruptcy attorney & lawyer, chapter 7 bankruptcy, chapter 13 bankruptcy, personal & consumer bankruptcy, foreclosure or other bankruptcy debt relief laws information presented at this site should neither be considered as a legal advise nor formation of attorney, lawyer or counsel relationship. Do not take any information presented here as a promise or guarantee. Contact our San Jose Oakland San Francisco bankruptcy & debt relief law firm to discuss your legal options on your particular case with our attorneys & lawyers. We do not take cases from outside the state of California

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