Bankruptcy Court Documents
Those considering filing for personal bankruptcy are wise to educate themselves about what documents the bankruptcy court looks at when considering a bankruptcy petition. Here's a summary of some information filers are required to provide when seeking bankruptcy protection.
Information Required in a Bankruptcy Petition
Filers must submit a petition that includes the following information:
- List of debts: This includes both secured and unsecured debts, current and past-due debts, those from family members or friends and those from official lenders. In other words, a filer must present information on all debts he or she currently owes.
- List of assets: This details a filer's possessions of value (for example, a car or home). This list may prove particularly important for those who plan to file for Chapter 7 bankruptcy, which may include a liquidation sale of any assets that are not protected by bankruptcy laws in the filer's state.
- Statement of income: This helps the court rule whether a filer passes the Chapter 7 means test or whether the filer can afford a Chapter 13 bankruptcy repayment plan. The comparison between income and debts is crucial in determining which chapter a filer should choose. An income statement should include regular wages, tips, bonuses and any expected income (such as inheritance or a tax return).
- List of expenses: This document, too, is important in helping the court determine whether or not to approve a repayment plan and/or a Chapter 7 filing. Expenses include costs such as mortgage payments, student loan payments, tuition fees, childcare costs, medical expenses, utilities and anything else that the filer is responsible for paying.
Other Things a Bankruptcy Court Looks At
In addition to the basic information all filers must supply, the bankruptcy court must make sure that a filer’s documents contain information that is complete and accurate. The filer must testify to the completeness and accuracy of all information in her petitions at the Creditors Meeting (also called the 341 Meeting).
Learn More about Bankruptcy Courts from a Lawyer
If you’re ready to learn more specifically how the bankruptcy court is likely to handle your case, you can fill out this form for a free legal consultation with a bankruptcy lawyer practicing in your area.