Filing Chapter 13 with a Kildeer bankruptcy attorney involves the filing of a bankruptcy petition, which is an informational document which lists all of your assets, all of your liabilities, your income, your expenses and your statement of financial affairs. The bankruptcy petition has to be signed under oath in about a dozen different spots throughout the document. Every several pages, the federal government wants to make sure that you are signing under penalty of perjury and that you know exactly what you’re signing for and that the information is true and accurate.
Once the bankruptcy petition is prepared, it technically can be filed with the Clerk of the United States Bankruptcy Court. Prior to filing, though, your attorney is going to want to make sure that you have satisfied the pre-filing bankruptcy requirements.
Under Chapter 13 bankruptcy, you must complete a credit counseling session within 180 days prior to filing your bankruptcy case. The credit counseling session can be done online, in person or over the telephone and it takes approximately one hour. The cost for the credit counseling session varies but, on average, it’s about $25.00 per session and it must be completed prior to the case being filed. You can technically file your bankruptcy Chapter 13 case the same day you complete your credit counseling session. However, your credit counseling session must be completed first.
In addition to the credit counseling session, you must provide four years’ worth of federal tax returns. The federal tax returns can be acquired by submitting a document to the federal government and they will provide you a copy of your tax transcript. If you don’t have your taxes, that is something we do as your bankruptcy lawyers; we will request your tax transcripts for you. Four years must be provided unless you did not have a need to file taxes. In the case where you were not required to file federal taxes, we will have you sign an affidavit stating such.
Lastly, before your case can be filed, you must submit two months’ worth of paycheck stubs. Paycheck stubs or other form of proof of income must be submitted to your Chapter 13 bankruptcy attorney prior to filing.
After your case is filed, these documents are going to be tendered to the Chapter 13 trustee. Thus, any good bankruptcy lawyer is going to make sure that he has these documents in hand prior to filing so that they can be forwarded to the Chapter 13 trustee immediately.