Thursday, March 29, 2012

Is the Worst Part of Indiana Bankruptcy the Amount of Paperwork?

            I often find myself telling bankruptcy clients at Halcomb Singler, LLP, that one of the most painful parts of bankruptcy is getting together all of the paperwork that will be required.  When clients come to meet with me and decide to move forward to file bankruptcy I give them a checklist of documents that I will need to complete their bankruptcy petition.

            Most of the time my clients return with 75% of the required documents....but rarely all of them.  I am the first to admit that it is a bit of a pain to gather these documents.  And sometimes people need to drop them off or e-mail them to over a period of time.  Other times clients assume that when I ask for the last 6 months of pay check stubs that their last W-2 will do the trick.  Unfortunately, they are wrong.  If a document is on the list then I do need it to either prepare the petition or to file with the court along with the bankruptcy petition.  Trust me when I tell you that bankruptcy attorneys have enough paper in their office and wouldn't ask you for documents if they weren't necessary to complete your bankruptcy petition.  These documents are essential for your attorney to make sure that you petition is filed correctly and that your bankruptcy case proceeds as smoothly as possible.  You can help by getting all of the information your attorney requests back to him or her at one time and by writing down any miscellaneous information your attorney has requested.  Keep in mind that your case is important to the attorney, but the chances of your attorney remembering every detail of your case if it isn't written down is slim.  Most bankruptcy attorneys are constantly working on many cases and cannot recall every detail of your case from memory.

            The need for you to save documents and provide them to your attorney doesn't end after you have turned in those initial documents.  For example, in either a Chapter 7 or Chapter 13 bankruptcy it is necessary for your attorney to calculate your last six (6) months income.  Of course, for each month that goes by that your petition is not filed that means that your attorney will need another month of pay stubs.  In addition, you should save the bills you receive in the mail and provide updated copies to your attorney, especially if they have recently been turned over to collections agencies.

          Yes.  The amount of paper that must be tracked down to file bankruptcy is annoying.  But by providing the necessary documents to your attorney you can make your bankruptcy proceed without any unforeseen issues.  And, since your attorney cannot file your petition without all of the necessary documents; your petition will also be filed sooner so that you can get your discharge.
If you live in the Indianapolis, Carmel, Tipton, Zionsville, Kokomo, Noblesville, or Fishers area and want to speak with a bankruptcy attorney call our office at 317-575-8222 or click here.  There is no fee for the consultation and I am happy to answer your questions and discuss whether or not bankruptcy makes sense for you.


Halcomb Singler, LLP, is a debt relief agency.  It helps people file for bankruptcy under the bankruptcy code.  No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so.  The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.

       

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