Friday, February 26, 2016

Bankruptcy - Show stoppers ... things that must be done for a successful bankruptcy

Image courtesy of Stuart Miles
at FreeDigitalPhotos.net
While there are some issues and some information that can be dealt with as a case progresses, there are several things that can prevent a debtor from filing for bankruptcy or prevent the debtor's discharge. Below are some of actions a person must take in order to start their bankruptcy.

1. Paystubs - a debtor must provide 6 months of paystubs to his or her attorney. They will be filed with the bankruptcy case. The paystubs are also needed to confirm a person's eligibility to file bankruptcy under Chapter 7.

2. Tax Returns - Debtors must have filed their federal taxes before they will be granted a discharge in bankruptcy. In a chapter 7 bankruptcy, the debtor must file their most recent tax return with the trustee at least seven days prior to the 341 creditors meeting. A case can be dismissed without it.

3. Credit counseling - Before someone can file for bankruptcy, he or she must complete a credit counseling course. It can be done on-line, over the telephone, or in person. Most people complete it through internet courses. Without a certificate for completing the course, the case will be dismissed.

4. Official Social Security Card - One of the first things a trustee checks when someone enters the room to start the creditors meeting is their social security card. It has to be an original card issued by the social security office. If a debtor does not have it at the meeting, the meeting will immediately be rescheduled. The meeting will not commence until the debtor can produce the card. Debtors must also show another photo ID as well.

5. Personal Financial Management (PFM) counseling - After filing the case, the debtor must complete a PFM counseling. It also can be done on-line, over the telephone, or in person. Most people complete it through internet courses. Without a certificate for completing the course, the debtor will be denied a discharge and the case will be dismissed.

The trustee will require other financial documents and statements. Sometimes those statements can be difficult to produce and other documents can be used to provide the same information. But the documents listed above must be produce in order to successfully complete a bankruptcy.

 If you want assistance, legal representation, or just want to know more about Mark Medvesky or our firm of Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

#bankruptcy #Chapter7 #Chapter13 #MontgomeryCounty #lawfirm #BucksCounty #Pennsylvania

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