What Documents Does Your Herkimer Bankruptcy Attorney Need?

herkimer bankruptcy attorney necessary documentsBankruptcy laws are much different today than years ago.

The process of filing for bankruptcy is more complex, and to be successful, you must provide a great deal of documentation.

Because the trustee scrutinizes everything, you need to hire the best Herkimer bankruptcy attorney possible.

To avoid any problems, this attorney reviews documentation prior to filing.

At first, you need to provide your bankruptcy lawyer in Herkimer with a copy of your:

  • driver’s license
  • social security card
  • W2 tax form.

Once the attorney files the bankruptcy petition, you must provide more documentation, including state and federal tax returns that show income history and funds received. With these documents, your attorney verifies that you have disclosed all information on businesses and other assets.

If you fail to provide your Herkimer bankruptcy lawyer the necessary tax documents, the petition may be denied. In addition, your attorney needs at least two recent paystubs, as well as other documents, to determine if you qualify for a Chapter 7 bankruptcy. Without this information, the court may dismiss the case.

Your bankruptcy attorney in Herkimer also needs copies of all outstanding bills, whether in collection or not, as well as balances owed on credit cards. In addition, your attorney needs documentation on any automobiles, homes, and other assets.

Mandated Documentation

  • The trustee reviews tax documents to determines if you paid bills with refunds or spent lavishly. Therefore, your bankruptcy lawyer needs proof by way of receipts or bank statements. 
  • You need to provide your attorney with a recorded deed/mortgage as well. If you do not have this, you can get a recorded copy from the county clerk. There is a fee involved that if you cannot afford to pay, let your attorney know. With this documentation, the trustee confirms the home’s value.
  • Ownership, as well as the secured creditor for any vehicles, is something your bankruptcy attorney verifies. As part of this, the attorney determines value by looking at current mileage, special amenities, and listed worth in Kelly Blue Book or NADA.
  • If you are retired, you must provide retirement documentation used by the trustee to see if account funds are protected as part of the bankruptcy.
  • The trustee also reviews bank statements, looking for transfers of large sums and determining if the court has any interest in the funds.
  • If you are divorced, your Herkimer bankruptcy lawyer needs a copy of papers to confirm that you do not owe your ex-spouse money. For instance, if your ex-spouse cosigned on a loan, you may not be able to include it in the bankruptcy petition since the trustee considers the debt as support.
  • Because creditors have the right to see proof of insurance on your vehicle and home, you must provide documentation. Failing to provide your lawyer with this information could result in repossession and/or foreclosure.

The process of filing bankruptcy is long and challenging. To get out of debt while salvaging as many assets possible, you want the best bankruptcy attorney in Herkimer in your corner.

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