Consumer Bankruptcy Checklist

CONSUMER BANKRUPTCY CHECKLIST Chapter 7 Chapter 13 (Unsecured debts under $250,000, secured debt under $750,000, disposable income sufficient to fund plan) 1. JURISDICTION Resided in district for the majority of last 180 days before filing Previous Chapter 7 filing (Date:_________________________________) Venue 2. IDENTIFY ALL DEBT Non-dischargeable debt Student loans Date first payment due and payment history determined Tax debt Date of filing or assessment determined Fines / penalties Fraud, intentional, DUII, fiduciary duty, etc. Restitution Child / spousal support Other ________________________________________________ Business Debt Business still operating Corporation / partnership or solo Marital dispute / separation or divorce pending or imminent Spouse / ex-spouse as creditor Unsecured priority creditors (CLIENT TO PROVIDE LIST) Taxes, employee withholdings Deposits for others Wages of employees Other _________________________________________________ Unsecured non-priority creditors (CLIENT TO PROVIDE LIST) Name / addresses / amount owed Judgments / lawsuits pending Preference payments to any creditors Co-signors, joint debtors identified Business or consumer Liquidated or unliquidated Disputed Guarantees Secured creditors (CLIENT TO PROVIDE LIST) Names / addresses 1<<<<<<<<<********>>>>>>>>>>>>> 2 Value of secured property Value of security interest Any unsecured portion Debtors intent regarding secured property Business or consumer property secured Judgments Garnishments 3. ASSETS All assets identified Joint or common property identified Real property Personal property (all objects owned) Items held for debtor by third party Items held by debtor for third party Other tangible personal property: Cash Bank / brokerage / credit union accounts Stocks / bonds / investments Interest in closely held business / corporation Tax, rental, or other refunds Pension / retirement / stock options Other _______________________________________ Intangible property Claims by debtor against third parties Earned but unpaid wages due debtor from employer Inheritance Assets not yet acquired, but acquisition imminent dates established Executory contracts Other ________________________________________ 4. EXEMPTIONS Homestead / mobile home Books, pictures, musical instruments Wearing apparel, jewelry Tools of trade Vehicles Animals Household goods Public property Health aids Spousal / child support 2<<<<<<<<<********>>>>>>>>>>>>> 3 Victims assistance Personal injury claim / future earnings Miscellaneous exemption Public benefits, i.e., Social Security, Workers Compensation, Welfare Public benefits deposited in bank less than $7,500 Wages Retirement plans / pensions / stock options Firearms Other _____________________________________________________ 5. ATTORNEYS All attorneys identified Attorney fees disclosed Attorney fees shared Funds in attorney trust accounts 6. STATUS OF DEBTOR Income all sources Specific expenses / disposable income established Judgment proof? 7. EFFECTS OF BANKRUPTCY Credit Existing contracts / mortgages Automatic stay Preferences / fraudulent conveyances Wage Payments Payment to creditors Other _________________________________________________ 3