The information given to prepare the bankruptcy petition is provided in part by the Chapter 7 or Chapter 13 debtor. Additionally, the Sleepy Hollow bankruptcy lawyer may pull a credit report to make sure that all of the creditors for that debtor are listed on the petition; once the petition is prepared it will be sent to the debtor for his signature. The debtor needs to review the document carefully and sign under all penalties of perjury in about ten different spots throughout the document.
The way the bankruptcy petition is laid out is that every several pages the debtor must sign, acknowledging that that information is true and accurate, on the preceding pages.
In addition to preparing the bankruptcy petition your bankruptcy lawyer will set out the bankruptcy prerequisites that have to be completed prior to a case being filed. In all Chapter 7 and Chapter 13 bankruptcy cases the debtor must submit to a credit counseling session within 180 days prior to filing the bankruptcy. This credit counseling session can be done over the telephone, online or in person with a credit counselor approved by the office of the U.S. trustees. The credit counseling session will last approximately 30 minutes or 60 minutes and the approximate cost is $25.00.
In addition to the credit counseling requirement a debtor in either form of bankruptcy must submit two months’ worth of paycheck stubs to their bankruptcy attorney. These items will eventually be forwarded to either the Chapter 7 bankruptcy trustee or the Chapter 13 trustee immediately after claiming bankruptcy.
The final requirement regarding tax returns differs between Chapter 7 and Chapter 13 bankruptcy cases. In a Chapter 7 bankruptcy case the debtor must provide the most recent year of Federal tax return. In a Chapter 13 bankruptcy case the debtor must provide four years’ worth of tax returns. Again, these items are provided to the Chapter 7 or Chapter 13 trustee immediately after the case is filed.
Thus, the debtor provides general information concerning completing the bankruptcy petition, the debtor’s local bankruptcy lawyer prepares the bankruptcy petition and has it signed by the client, the bankruptcy attorney also provides a checklist of items needed before the case can be filed, including credit counseling, pay advices and the completion of tax returns submitted to the attorney’s office.