Bankruptcy and General Practice

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Wow, filing for bankruptcy needs a lot of documents!

Bankruptcy is one of the hardest actions to take in a court of law. There’s this one-two punch that takes a lot of people out of the process without them ever getting as far as filing a case.

For one thing, there’s this idea that it’s a moral failing to seek bankruptcy protection, which sometimes can’t be overcome without collection notices and bills piling up. Even when someone finally takes the step to call Selby Legal for a free consultation, it’s not unusual for there to be tears when they have to admit out loud that they are considering this step. It doesn’t matter if the person struggling under a mountain of debt understands that this system exists to protect people rather than punish them; Americans have a lot of baggage about pulling ourselves up by out bootstraps, and it can take time even to make that first call to a bankruptcy attorney.

The second part of that punch combo is getting organized enough to file a case. The number of records that are needed can feel pretty daunting. Here’s some examples of what may be required:

  • ID and social security card

  • records of all your income for the past six months, either from pay stubs, or a payroll report, or a profit-and-loss statement if you own a business

  • tax returns for the past two years (you absolutely must have these filed in order to file a bankruptcy case)

  • bank statements for the past year

  • statements from investment accounts, no matter how small the balance might be

  • titles for any motor vehicles you own

  • deed and mortgage statement, if you own a house

  • copies of bills and collection notices

  • legal documents like judgments and garnishment orders

Getting together documents for bankruptcy can feel overwhelming

Take a breath. Bankruptcy with an attorney is much easier, because you’ve got someone in your corner who can help you break this up into smaller pieces. Yes, the entire list can seem huge, but this is doable. Take a look:

  • ID and social security cards can be replaced, if you really don’t know where they are

  • missing pay stubs can be obtained through your employer’s payroll provider or HR department, even if it’s now a former employer

  • tax returns are kept on file, and worst case they can be gotten through the IRS

  • most banks have old statements on web sites, and you can find them just by logging in

  • same thing with investment statements: really old ones might be hard to find, but the most recent should do it for these in most cases

  • vehicle titles can be replaced through the DMV

  • real estate deeds can be downloaded from your county clerk for just a few bucks, and if you have a home loan then your lender is always happy to tell you how much you owe

  • if you’ve been letting bills pile up you may have lost track of some, which is why I would rather run a credit report to make sure we catch every single creditor. Some smaller medical bills may slip through the cracks, though, and I’ll ask you to wrack your brain about recent office visits and procedures to make sure we don’t miss anything.

  • if your wages are being garnished, it will show up on your pay stub. The first step in garnishing is to get a judgment from court, which proves you owe the money. If we have to, we can get a search done to find judgments if you’re missing some details.

Any time you’re feeling like you’d rather give up trying to file a bankruptcy case because it seems like too much, give a call. I promise to do everything possible to help you get the documents you need, one step at a time.

You’re not alone.