What your Bankruptcy Lawyer Needs and What Happens Next

A copy of your driver’s license or legal identification
A copy of your social security card
A copy of all checking and savings account statements for one year
A copy of three months of payroll or income verification
Two years of tax returns
Copies of your deed, mortgage balance and proof of home value
Up to date credit report
A copy of your credit counseling certificate
A copy of each credit card bill and information regarding each and every creditor to whom you owe money – including
vehicle loans, school loans, medical bills, etc.
The Lawyer’s Fee
What Happens after all we have all of your information?
The Hearing

The Legal Process
Step 1: Petition and Schedules
Step 2: Trustee Hearing Date
Step 3: The Hearing
Step 4: Credit Course

 Personal Bankruptcy Required Documents

A copy of your driver’s license or legal identification

MA Drivers License

 

A copy of your social security card

Social Security Card

A copy of all checking and savings account statements for one year.  Online print out work for each month for the full calendar year for both checking and savings (if applicable).

Bank of Boston Checking Account

 

A copy of three months of payroll or income verification.

Proof of Income

Two years of tax returns.

 

Copies of your deed, mortgage balance and proof of home value.  If you don’t have your deed here is how you get a copy – Click Here

Deed Sample

What Does a Deed Look like2

 

Property Assessment

Property Assesment

Homestead Sample

Declartation of Homestead

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Up to date credit report from.  If you don’t have this the best way to get it is to go to experian.com.

 

A copy of your credit counseling certificate.  Here is the list of  certified companies in Massachsetts.  Click HERE to see them

 

A copy of each Credit Card Bill

Credit Card Bill Boston Bankruptcy Lawyer

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Each and creditor to whom you owe money, including:  Automobile Loans

 

Car Bill

School Loans and any Medical Bills

 

Direct Loans

 My fee will be $1,750.00 and there is a $335 filing fee.

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The Personal Bankruptcy Legal Process

Step 1: Petition and Schedules  Once I have all of the the above documents I will complete the Petition and Schedules.  I will then forward the Petition and Schedules to you for review, signature and return.

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Step 2: Trustee Hearing Date  After you have returned the signed Petition and Schedules, I will electronically forward it to the Bankruptcy Court.  We will be assigned a Trustee hearing date approximately one month from the filing date.  I will forward to you a copy of the fully executed Petition and Schedules along with the date for the hearing.  In addition, I will send the Trustee a copy of your most recent tax return and pay stubs.

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Step 3: The Hearing  I will represent you at the hearing.  The hearing will be held at the Federal Courthouse at Five Post Office Square, Boston.  You will need to appear there with your photo identification and your social security card.  At the Hearing, the Trustee will ask you a few questions, which we have already reviewed.  These questions include the following:

  1. Do you or have you ever owned real estate?
  2. Do you have any claims against other parties such as personal injury cases?
  3. Are there any trusts or estates where you could be entitled to monies?

Then the creditors have 60 days to file a Complaint against you in the Bankruptcy Court.  Assuming there is no problem, your debts will be discharged at that time.  Most cases end here.  I have no knowledge as to how the IRS will respond to your filing.

However, in the event that a creditor initiates or files a claim that you are wrongfully discharging a debt (fraud, using your credit card after contacting an attorney regarding your rights, using the credit card within the three month presumption period, etc.), or the Trustee and or the federal or any state government dispute the dischargability of your debts, and or file any claim or adversary lawsuit against you,  I will not represent you unless and until we enter into a separate, written, fee agreement and I would bill at the rate of $300 per hour for such a case.  Similarly, in the event that the Trustee requests documents to substantiate your Petition and Schedules, I would bill at the above rate and my Assistant, Stephanie Sullivan, would bill at the rate of $75 per hour.

As we discussed, you should stop paying all credit cards and stop using all credit cards.

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Step 4: Credit Course  Finally, you will need to attend a second credit course to get the discharge.  It is given at the same place as the first, mentioned in number seven (7) above.

This engagement letter is good for three months.  After that time, we will need to do additional work verifying your information and I will charge you per the above rate.

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