Tag: case information

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Series: What is a Bankruptcy Voluntary Petition Form 1?

While we may generally refer to the entire series of documents we file with the Court as your “Petition”, there is technically a form called the Voluntary Petition (Official Form 1).  For purposes of this series and to cut down on confusion, I’ll call it Form 1.

Form 1 is three pages, and is sort of like the data sheet for your case.  It lists things like your name and address, and what chapter of the Bankruptcy Code you are filing. It also lists an estimate of the number of creditors you have (creditors are the people you owe), an estimate of the value of your assets (assets are the stuff you have), and an estimate of your liabilities (the bills you owe).  There are also several check boxes that are filled in based on your situation to tell the court different things, as well as let the court know that you’ve completed your credit counseling and you’ve lived here long enough to file in this court. Additionally, if you’ve filed bankruptcy before, or if you have a spouse or cosigner in a bankruptcy, then their case information will also be listed on these pages.

Form 1 also contains places where you and your attorney sign saying that everything is correct under penalty of perjury.  You’ll see over the course of this series that there are lots of places you have to sign, and it’s all under penalty of perjury.  Wondering what happens if you don’t tell the truth? See my article here on that.

Here’s a look at what Form 1 looks like:

 

Form 1 Voluntary Petition

 

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Series: What is a Bankruptcy Petition?

You hear us talk about “your Bankruptcy petition” but you may wonder exactly what that is. In short, it’s the group of documents we file with the Bankruptcy Court so you can pay what you have to pay and not pay what you don’t have to pay, as well as get you all of the protection you can have in your case.

In this series of blog posts, we’ll explore what each part of your petition is, what it means, and any other information you might find useful. We will go through each section of the petition piece by piece so that you will have a better understanding of what everything is.

Remember that this will not serve as any legal advice on your situation, this is just a general overview. So if you have questions about your case, you need to be sure to contact your attorney for specific information tailored just for you.

Be sure to check back often for the next article in this series!

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There’s a NEW way to check the status of your Chapter 13 case online!

You can access your Chapter 13 Bankruptcy information online via the National Data Center at www.ndc.org. The first time you visit the website, you will have to have some of your case information and register for a username and password. From that point on, you will only require your username and password.

Before you head to the website, gather the following items together. You’ll need them all to register for a username and password.
1. Your case number (7 digits. ex: 25-10675) Hint: The first two digits are the same as the year in which your case was filed. Your case number will be on paperwork received from the court.
2. Your social security number
3. Your mailing address as listed on your Petition.
4. The name of the Chapter 13 Trustee. (If you are in the Western District of Tennessee, Eastern Division at Jackson, your Trustee is Tim Ivy).
5. A username you’d like to use.
6. A password for your account.
7. An email address where you check email.

You will be able to log into your account at any time and see what money the Trustee has received, and where the Trustee has sent your money. If you find anything unusual about your case, be sure to contact your attorney as soon as possible to make sure any problems are corrected.

**Please note that this applies only to clients in the Western District of Tennessee. If you were previously accessing your case via http://www.13datacenter.com, you will need to now use http://www.ndc.org. Please call your attorney if you have any questions!!

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Where can I find everything I need to bring to my first bankruptcy appointment?

You’ve seen the list of what you need to bring to your first bankruptcy appointment. Now you are wondering where can you find all of those things? If you don’t have those things at home, there are a few websites that can help you with some of the information.

1. Tax Return

The IRS now allows you to obtain your tax transcript (a fancy word for your tax return) online. Simply go to the IRS website here. You will have to register using your email address and personal info, but you will be able to instantly download your last few tax return transcripts. If you don’t have a printer to print them, contact your attorney’s office and see if you can email them to the attorney.

2. Pay stubs

If your employer uses ADP for payroll processing, you can download your pay stubs here. You’ll need to register or use your username and password to login, and then you will be able to access the PDF’s of your pay stubs. Remember we will need the last six months worth of pay stubs.

If your employer does not use ADP, there may be other ways to access your pay stubs online. Check with your payroll department and they should be able to give you more information.

3. Credit Report

Go to annualcreditreport.com, enter your information, answer a few questions, and you should be able to get at least one of your credit reports. Remember to either print the report or save it to your computer (you may be able to email it to your attorney).

Remember that you can only get your annual credit report free once every 12 months, so if you’ve requested yours within the last 12 months, you will not be able to get another free one until after that 12 month period is over.

Also keep in mind that everything may not be on your credit report. When you get your report, look it over. If you know you owe someone who is not on the report, write them down. If possible, call that person you owe and find out how much you owe, your account number, and their mailing address. All of this information will help make sure the people you owe get notice of your bankruptcy filing, and cause you less stress and headache down the road.

4. Unemployment income proof

If you have received unemployment income in Tennessee, you can visit the state’s unemployment benefits website here and obtain proof of the income you’ve received.

These websites should help you obtain many of the things you need to bring to your first bankruptcy appointment. If you have any questions about your upcoming appointment with me, or need to make an appointment, just call our office and ask for me or send me an email!

Have a great day!

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Some things to remember while you are in a Chapter 13 case….

Here are a few tidbits of information that I think will come in handy for you while you are in your bankruptcy case:
(disclaimer: None of this is intended to be legal advice. Reading this by itself does not make me your lawyer (ie doesn’t create an attorney-client relationship). Contact your lawyer with questions. We help people file for bankruptcy relief under the Bankruptcy Code).

1. When you go to your meeting of creditors, be SURE to bring BOTH your photo ID and your proof of your social security number. If you do not bring BOTH, your meeting will not be held and you will have to come back in about 2 weeks to do it all over again. See my article here about what forms of ID and SS proof are ok.

2. Do not buy anything on credit while you are in your case without first getting the Court’s approval. Have something you think you need to buy on credit? Give your attorney a call to go over the situation and see what you need to do.

3. If you have a claim against someone, or a lawsuit against someone, be SURE to tell your bankruptcy attorney BEFORE you spend any money you get. You need to call your attorney’s office and tell them your situation so they can tell you what needs to be done. Also, if you think you have a claim against someone, go ahead and call your bankruptcy lawyer. They can tell you if you have a claim how the bankruptcy might be affected. Your bankruptcy lawyer might also be able to handle the claim for you, too, so you can keep everything together.

4. Be sure you’ve told your bankruptcy attorney everything, and that everything you’ve told is true. After all, you did sign a paper that says it’s all true under penalty of perjury. What does that mean? In a nutshell, if you lie, you might go to federal prison or face a big fine, or both. (See my article here about telling the truth.) The moment you realize something you’ve said isn’t right, you need to contact your attorney and get it fixed.

5. If you change where you live, where you get your mail, where you get your phone calls, where you get your emails, where you get your paycheck, or from whom you receive money, you need to let your attorney know.

6. Make sure that your employer is sending in the right amount of money each paycheck. It has happened where a payment change was sent to the employer, but the employer didn’t make the change for a month (or longer), and then the client got way behind in the bankruptcy payments and the Trustee wanted to dismiss the case. Don’t be that person! Stay on top of your paycheck, and make sure that when a new income deduction order comes out that your employer promptly makes that change, too! Problems? Call your attorney ASAP so your case doesn’t get messed up.

7. Stay on top of your case. See my article here about how to check your case status online. Do you see something on there that doesn’t look right? Did you get an order that didn’t make sense? Call your attorney and make sure that things are right! If you wait until the end of your 5 year case and then mention something, it’s much harder to get fixed than if you mention it as soon as you see it!

8. Don’t compare your case to anyone else’s cases. While you both may be in a Chapter 13 case, that’s where the similarities end. Everyone’s case is just as different as every snowflake. That’s why you hired a lawyer to make sure it was done correctly! And really, I find that most of those “other people” are not telling you the whole truth about their case anyway. So, don’t listen to them and make sure you understand why your case is the way it is. Call your attorney if you don’t so that you can understand. Knowledge is power, right?!

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Need a bankruptcy consultation? Give me a call! Contact me here.

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How can I access my Chapter 13 Bankruptcy information online?

You can access your Chapter 13 Bankruptcy information online via the National Data Center at www.13datacenter.com. The first time you visit the website, you will have to have some of your case information and register for a username and password. From that point on, you will only require your username and password.

Before you head to the website, gather the following items together. You’ll need them all to register for a username and password.
1. Your case number (7 digits. ex: 25-10675) Hint: The first two digits are the same as the year in which your case was filed. Your case number will be on paperwork received from the court.
2. Your social security number
3. Your mailing address as listed on your Petition.
4. The name of the Chapter 13 Trustee. (If you are in the Western District of Tennessee, Eastern Division at Jackson, your Trustee is Tim Ivy).
5. A username you’d like to use.
6. A password for your account.
7. An email address where you check email.

If you have issues registering or accessing your information, you can call the debtor support line at 1-866-938-3639. Their hours are monday – friday 9:00 am – 5:00 pm Pacific. They are closed on major holidays.