Paul O’Bier from Holiday, Florida asks, in order to file Bankruptcy, what documents are needed? Thank you, Mr. O’Bier from Holiday.
In the Middle District of Florida, Tampa Division, the Documents needed to file Bankruptcy, and or those that are requested by the respective Chapter 7 and Chapter 13 Bankruptcy Trustees, are similar for both Chapters of Bankruptcy. I suspect that the Documents required in other Jurisdictions are similar to those required in the Tampa Division for the Middle District of Florida.
The Documents generally needed to file Bankruptcy, and those generally requested by the Chapter 7 and Chapter 13 Bankruptcy Trustee’s are as follows:
- BANKRUPTCY PETITION. This Document is always required. A properly completed Bankruptcy Petition will contain, among other information, a Schedule of the Debtor’s Assets, Liabilities, Income and Expenses.
- EVIDENCE OF INCOME. Debtors must provide evidence of their Income from the six months preceding the filing of the Bankruptcy. This may be, for example, the paycheck stubs from Employment, or a Social Security or Pension Award Letter. Bank Statements may provide additional Evidence.
- TAX RETURNS FROM THE PAST TWO YEARS
- CREDIT COUNSELING CERTIFICATE. The Credit Counseling Certificate is required in order to file Bankruptcy and most generally be acquired more than 24 hours before the filing of the Bankruptcy. A Credit Counseling Certificate basically states that you underwent a Consultation with an Approved Credit Counseling Organization, and the Organization deemed that a Credit Counseling Program would be insufficient to address the level of Debt held by the Debtor.
The Bankruptcy Trustee, in particular, the Chapter 7 Bankruptcy Trustee, may ask for additional Documents such as Payoff Statements for Mortgage and Automobile Loans, copies of Real Estate Mortgages, or even Collection Letters, depending upon the focus of their inquiry.
