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Orem
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Stop Collections
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Bankruptcy Questionnaire
Home
»
Bankruptcy Questionnaire
Bankruptcy Questionnaire
Step
1
of
14
- Personal Information
0%
In order to prepare your petition, please complete the following Questionnaire and provide ALL of the applicable documents listed in the Document Checklist. Upon receipt, your paralegal will schedule an intake interview with you to prepare your petition. Please be absolutely candid and provide as much information as possible; too much information is better than too little. As your Attorneys, we ask that you be open and candid, so that we can give you the best advice possible. If you withhold information from us because you are embarrassed or don’t want to disclose all of your assets and/or debts, we cannot effectively represent you. Further, it is a crime if you don’t list all your assets and debts. It’s simply not worth the jail time to withhold information. In addition, providing false information is grounds for us to withdraw from your case. We will take every measure to ensure that your information is strictly confidential and protected by the attorney- client privilege and the attorney work-product privilege. The information and documents will be used for the sole purpose of drafting your Petition, Statements, Schedules, and related documents. PLEASE ANSWER ALL QUESTIONS: IF NOT APPLICABLE, PUT N/A. DO NOT LEAVE QUESTIONS UNANSWERED. It is critical that you list ALL of you creditors. TO ENSURE THAT ALL YOUR CREDITORS ARE LISTED, OBTAIN A FREE COPY OF YOUR CREDIT REPORT If you move, you must provide our office and the Trustee with the updated contact information. Some bankruptcies can last years. As a result, your attorney must always be able to contact you, especially in case of a deadline. Because people sometimes forget to update contact information, we ask that you provide us with long-term contact information. These people will only be contacted if we cannot locate you directly. These people will not be told the nature or purpose for the contact.
Instructions Reviewed: By checking the box below you certify that you have read and understand the above instructions regarding the completion of this Questionnaire.
*
Yes
Personal Information
Full Name
*
First
Middle
Last
AKA
List all of the names in addition to the name above you have used to obtain credit.
Phone
*
Email
*
Social Security Number
*
Date of Birth
*
MM slash DD slash YYYY
Full Address
*
Street Address
Address Line 2
City
State
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Northern Mariana Islands
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
U.S. Virgin Islands
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Mailing Address
Street Address
Address Line 2
City
State
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Northern Mariana Islands
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
U.S. Virgin Islands
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Marital Status
*
Single
Married
Separated
Prior Bankruptcies
*
Never Filed Before
Filed & Received Ch 7 Discharge in Past 8 Years
Filed & Received Ch 13 Discharge in Past 4 Years
Filed Ch 7 More Than 8 Years Ago
Filed Ch 13, but not Discharged or Discharge was Longer than 4 Years ago
Who is Filing?
*
Me Individually
Me & My Spouse
Spouse Name
*
First
Middle
Last
Spouse AKA
*
List all of the names in addition to the name above you have used to obtain credit.
Spouse Phone
*
Spouse Email
*
Spouse Social Security Number
*
Spouse Date of Birth
*
MM slash DD slash YYYY
Spouse Address
Street Address
Address Line 2
City
State
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Northern Mariana Islands
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
U.S. Virgin Islands
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Enter if different
Household Information
Do You have financial dependants living with you?
*
Yes
No
Number in Household (You and all dependents)
*
Please enter a number from
1
to
30
.
Dependants Living With You
*
Name
Age
Relationship
Do you have a domestic support obligation
*
Yes
No
Select yes if one or more of the debtors who will be filing has a legal obligation to pay child support or alimony.
DSO Payments
*
Name
Address
Monthly Amount
Arrears
List all people to whom a domestic support obligation is due (child support or alimony).
Do You Owe Taxes?
Yes
No
Unsure
Hidden
Taxes
*
IRS
State
Other
Case Issues
Have Your Wages Been Garnished in the Past 3 months?
*
Yes
No
Garnishing Creditor
*
Creditor Name
Creditor Address
Creditor Fax
Creditor Email
Enter the information regarding the creditor who is garnishing your wages.
Garnished Employer
*
HR Contact Name
HR Address
HR Fax
HR Email
Enter the information regarding your employer whose wages have been garnished.
Do You Have a Foreclosure Sale Pending?
*
Yes
No
Scheduled Foreclosure Date
*
MM slash DD slash YYYY
Foreclosure Creditor
*
Creditor Name
Creditor Address
Creditor Fax
Creditor Email
Enter the information regarding the creditor who is threatening Foreclosure.
Is a Creditor Threatening Repossession?
*
Yes
No
Repossession Creditor
*
Creditor Name
Creditor Address
Creditor Fax
Creditor Email
Enter the information regarding the creditor who is threatening Repossession.
Please enter ALL of your property and its approximate value. The value should be the lowest reasonable value like the yard-sale value. A response is required for each question. If you do not have property in the group, enter "none" and "0" for the value.
Real Estate
Real Estate, Residence, Building, Land, Timeshares
*
Location
Value
Amount Owed $
Mortgage Loans
*
Description
Lender
Monthly Payment
Interest Rate
Keep/Surrender
Amount Past Due
Automobiles, Boats, Motorcycles, SUVs, Tractors
Automobiles/Boats/Motorcycles
*
Year
Make
Model
Trim
Mileage
VIN
Value $
Amount Owed $
Auto Loans
*
Description
Lender
Monthly Payment
Interest Rate
Keep/Surrender
Amount Past Due
Watercraft/Aircraft/Recreational/Other Vehicles
*
Year
Make
Model
Value $
Amount Owed $
Personal Property
Large Kitchen Appliances (Fridge, Microwave, Freezer, Stove, etc.)
*
Description
Quantity
Yard-sale Value
Washer, dryer, fridge, freezer, stove, microwave, sewing machines.
Carpets
*
Quantity
Yard-sale Value
Notes
All carpets in use
Beds & Bedding
*
Quantity
Yard-sale Value
Provisions
*
Quantity
Yard-sale Value
Notes
Stock of food and necessary supplies for 1 year
Dining & Kitchen Tables & Chairs
*
Quantity
Yard-sale Value
Notes
Sofas/Chairs & Related Furniture
*
Quantity
Yard-sale Value
Enter dressers, couches and chairs, shelves, coffee table, end tables, lamps, household tools, desks kitchenware
Bedroom Furniture (other than beds & Bedding)
*
Description
Quantity
Yard-sale Value
Dressers
*
Quantity
Yard-sale Value
End-tables, Entertainment centers, Hutches, Coffee tables
*
Description
Quantity
Yard-sale Value
Lamps, Mirrors, Vanity
*
Description
Quantity
Yard-sale Value
Household Tools
*
Description
Quantity
Yard-sale Value
Vacuum, hand tools, etc.
Desks
*
Quantity
Yard-sale Value
Kitchen Appliances, Cookware, Dishes, & Utencils
*
Description
Quantity
Yard-sale Value
Game Tabless (Pool, ping pong, etc.)
*
Description
Quantity
Yard-sale Value
Yard Accesories (BBQ, fire pit, heaters)
*
Description
Quantity
Yard-sale Value
Yard Tools & Equipment (lawmower, hoes, rakes, shovels, etc.)
*
Description
Quantity
Yard-sale Value
Electronics (Televisions, Stereo, DVD Players, Computer, Printer, etc)
*
Description
Quantity
Yard-sale Value
Books, Music, Instruments, Pictures, Artwork, Stamp Collections
*
Description
Quantity
Yard-sale Value
Recreational Equipment (bikes, skis, etc.)
*
Description
Quantity
Yard-sale Value
Firearms & Ammunition
*
Description
Quantity
Yard-sale Value
Wearing Apparel (clothing)
*
Description
Quantity
Yard-sale Value
Jewelry
*
Description
Quantity
Yard-sale Value
Miscellaneous Items
*
Description
Quantity
Yard-sale Value
Checking, Savings, Cash & Cash Accounts
*
Account Type (Checking, Savings, Pre-paid, etc.)
Institution
Account #
Amount
Stocks/Bonds/CD/Money Market
*
Account Type
Institution
Amount
Education Savings Plans or State Tuition Plans
*
Account Type
Institution
Owner
Present Value
Retirement Accounts
Account Type
Institution
Amount
401(k), IRA, Pension or other
Life Insurance Policies
*
Policy Type
Institution
Beneficiary
Cash Value
Business Information
Do You or Your Spouse Have A Business?
*
Yes
No
Business Name
*
Entity Type
*
Sole Proprietorship (in my own name)
Partnership
Corporation
Limited Liability Company
Business Address
*
Street Address
Address Line 2
City
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Northern Mariana Islands
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
U.S. Virgin Islands
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Do you have the right to sue anyone for money?
*
Yes
No
Business Owners
*
Owner
% Ownership
Date You Began The Business
*
MM slash DD slash YYYY
Do You Have any Current Contracts or Leases?
*
Yes
No
Executory Contracts
Contracts & Leases
*
Description
Name
Address
Keep or
Income
Employment Status
*
Employed
Un-Employed
Disabled
Employer
*
Income
*
Self/Spouse
Employer
Gross Monthly Amount
Employer Address
*
Street Address
Address Line 2
City
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Northern Mariana Islands
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
U.S. Virgin Islands
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Pay Frequency
*
Monthly
Weekly
Semii-weekly (every other week)
Bi-Monthly (twice per month)
Spouse's Income Information
Spouse Employment Status
*
Employed
Un-Employed
Disabled
Spouse Employer
*
Spouse Employer Address
*
Street Address
Address Line 2
City
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Northern Mariana Islands
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
U.S. Virgin Islands
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Monthly Budget
This section deals with your household monthly budget. Please indicate the total amount for each monthly expense. If the monthly amount varies, please use an average over the past 6 months.
Rent or Mortgage Expense
*
Property, homeowner or renter insurance
*
Real Estate Taxes
*
Home maintenance, repairs & upkeep
*
HOA Dues or Condo Fees
*
Additional mortgage or home equity loan payment
*
Utilities - Electricity, heat, & natural gas
*
Water, Sewer, & garbage
*
Telephone, cell phones, cable, satellite & internet
*
Other Utilites
*
Food & Housekeeping Supplies
*
Childcare & children's educatin costs
*
Clothing
*
Laundry/Dry Cleaning
*
Personal Care Products & Services
*
Medical & Dental Expenses
*
Transportation (fuel, bus, train, but not auto loans)
*
Entertainment, Clubs, Recreation, & Newspapers
*
Charitable Contributions & Religious Donations
*
Life Insurance
*
Health Insurance
*
Vehicle Insurance
*
Other Insurance
*
Taxes (that are not deducted from your wages)
*
Installment or Lease Payments
Description
Comments
Amount
Alimony, maintenance & Support (not deducted from pay)
*
Other Support Payments
*
Other Monthly Expenses
Description
Comments
Amount
Prior Addresses for the past 3 years
Address
City
State
Zip
In the past 8 years, have you lived in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Washington, or Wisconsin?
*
Yes
No
Other Income in Past 2 Years
*
Year
Amount
Source
Recipient
List income received other than business or job received , even if not taxable, that you have received from alimony, child support, social security, unemployment, other public benefits, pensions, rental income, dividends, lawsuits, royalties, gambling or lottery winnings.
Payments To Creditors
*
Creditor
Date(s) of Payment(s)
Total Paid
List the total of all payments to each creditor that totals $600 or more in the past 90 days.
Payments to Insiders in Past 1 Year
*
Creditor
Date(s) of Payment(s)
Total Amount
Insiders include your relatives, any general partners, or relatives of any general partners,
Payment or Transfers within 1 Year made that benefitted an Insider.
*
See definition of insider above.
Lawsuits, court action, or administrative proceeding in past year.
*
Case Caption
Case No.
Status
List all matters, including personal injuries, small claims, collection suits, paternity actions, divorce, child support, and contract disputes.
Property Repossessed, Foreclosed, Garnished, Attached, Seized or Levied within 1 year.
*
Creditor
Property Taken
Property Value
Within 90 days set off of any amount from your account or refuse to make a payment because you owed a debt.
*
Creditor
Description
Amount
Date
Property taken within 1 year in possession of an assignee for the benefit of creditors, court-appointed receiver, custodian, or another official.
*
Creditor
Amount
Description
Gifts of $600 or more given to any person within past 2 years.
*
Name
Relationship
Date(s)
Amount
Charitable Contributions of $600 or more
*
Recipient
Description
Relationship
Date(s)
Total Amount
Property Losses within 1 Year caused by fire, theft, or other disaster, or gambling.
*
Description of Property
Date of Loss
Value of Property
Payments for Bankruptcy
*
Party
Date(s) of Transfer
Amount
List any payments you or someone else on your behalf has paid or transferred any property to anyone you consulted with about filing bankruptcy.
Payments for Dealing with Creditors
*
Party
Date(s) of Transfer
Amount
List any payments you or someone else on your behalf has paid or transferred any property to anyone who promised to help you deal with creditors or to make payments to your creditors.
Statements regarding your financial affairs.
List all property transfers, including property sold or trades to any person in the past 2 years.
*
Party
Relationship
Date(s)
Value
List both outright transfers and transfers made as security to any person in the ordinary course of business. (Don't include any gifts or transfers already listed under another question.
Transfers to a self-settled trust in the past 10 years where you are a beneficiary.
*
Trust Name
Date
Property
Value Received
Financial Accounts or Instruments that were closed, sold, moved, or transferred within past 1 Year.
*
Institution
Type of Acount
Balance
Date of Closing
Include checking, savings, money market, or other financial accounts, certificates of deposit, shares in banks, credit unions, or other financial institutions.
Safe Deposit Box or other depository
*
Institution
Parties with Access
Description
Value of Contents
Safe places to store securities, cash or other valuables.
Property In your Possession or Control that someone else owns.
*
Owner
Description
Value of Property
Location
Include property you borrowed from, are storing for, or hold in trust for someone else.
Environmental Liability
*
Location
Governmental Unit
Date of Notice
Environmental Law
List property that you have been notified by a governmental unit that you may be liable or potentially liable under or in violation of an environmental law.
Release of Hazardous Material
*
Location
Governmental Unit
Date of Notice
Environmental Law
List all instances where you have notified a governmental unit of a release of hazardous material (hazardous waste, substance, toxic substance, pollutant, or contaminant or similar term under environmental law.
Judicial or Administrative Proceedings in which you were a party under any environmental law.
*
Case Name
Case Number
Status
Businesses you have owned in the past 4 years.
*
Business
Business Type
Nature of Business
Start Date
End Date
Business Financial Statements Provided in past 2 years.
*
Institution
Date
Read and Consent to each Section and then sign the final page. Any reference to a
Address, Email & Telephone Number. I understand that I must and agree that I will immediately advise my attorney of my current address, email address and telephone number at all times during my bankruptcy case. I further understand that if I fail to do so, my case will be in jeopardy of dismissal at my expense.
*
Yes
Amendments and Changes. I understand and agree that if I ask to add creditors after my creditor matrix has been filed with the court, there will be an extra charge of $100.00 each time a creditor or creditors is/are added, as a significant amount of work is involved in adding a creditor or creditors. I also agree to pay the additional court filing fee of $30.00 to add creditors once my case is filed. I understand that every request by me to list or add creditors must be in writing and that oral requests will not be accepted or acted upon.
*
Yes
Attorneys’ Fees. I understand and agree that the attorney’s fees quoted to me by my attorney at the beginning of my case and which I agree to pay do not include matters which cannot be foreseen and which are not common to all Chapter 7 and/or Chapter 13 cases, including, but not limited to, defending against motions for dismissal for failure to pay Chapter 13 Plan payments, defending against motions to prevent mortgage holders from obtaining permission to foreclose for failure to make mortgage payments, conversion to another chapter of bankruptcy, modification of a bankruptcy because of my failure to list creditors, collection agencies and/or attorneys, and/or modification of a bankruptcy case or Chapter 13 Plan because of changed circumstances. In other words, if any of these things happen, I understand and agree that will be charged attorney’s fees in addition to the retainer paid in Chapter 7 or in addition to the retainer paid and additional fees awarded up to the confirmation of a Chapter 13 plan.
*
Yes
Attorneys’ Fees, Trustee Refund Check. I understand and agree that if I file a Chapter 13 case and a refund check is received from the Chapter 13 trustee (because, for example, my case is converted to a Chapter 7 case or is dismissed prior to my Chapter 13 Plan being approved by the bankruptcy judge), any portion of the Chapter 13 basic attorney’s fees (attorney’s fees through confirmation of my Chapter 13 Plan) owed to my attorney for work already done will be paid to my attorney from the refund check, and I agree to endorse and deliver that check to my attorney for that purpose.
*
Yes
Attorneys, Non-Bankruptcy Matters. I understand and agree that while my bankruptcy case is pending, if I want an attorney to represent me or continue to represent me in any non-bankruptcy legal matter, such representation must be approved by the bankruptcy court and there will be an additional charge for obtaining such approval.
*
Yes
Audit. I understand that the Bankruptcy Code provides for random selection of cases for audit, and further understand and agree that the information I provide to my attorney, the information provided in the Client Supplemental Questionnaire and other documents must be consistent with my financial records for at least the six months preceding the filing of my bankruptcy case, including, but not limited to, bank/credit union and other financial accounts, pay advices/stubs, and federal and state income tax returns for the two years prior to filing.
*
Yes
Audit. I understand that the Bankruptcy Code provides for random selection of cases for audit, and further understand and agree that the information I provide to my attorney, the information provided in the Client Supplemental Questionnaire and other documents must be consistent with my financial records for at least the six months preceding the filing of my bankruptcy case, including, but not limited to, bank/credit union and other financial accounts, pay advices/stubs, and federal and state income tax returns for the two years prior to filing.
*
Yes
Bank and Credit Union Accounts and Credit Cards. I understand that banks and credit unions can cancel/close my account/credit card/membership immediately upon the filing of my bankruptcy case and take any funds that are in said accounts. I further understand and acknowledge that any funds in my accounts at the time of filing my bankruptcy case may be non-exempt property and subject to surrender, even if the funds have been paid to a third-party, but not withdrawn from my account. My attorney has advised me to wait to file the case until any outstanding payments have cleared my account and my account balance is $0 before filing or the funds may be subject to surrender.
*
Yes
Child Support and Alimony. I understand and agree that only past due child support and/or alimony payments may be paid through a Chapter 13 Plan, and that I must begin or continue to make child support and alimony payments as they come due after my case is filed. I understand that child support and alimony debts are not dischargeable in bankruptcy, but that I must nevertheless list these debts in the questionnaires. I understand that my Chapter 13 case may not be confirmed and/or that my bankruptcy discharge may not be granted if I am not current on all child support and/or alimony payments which come due after my bankruptcy case is filed.
*
Yes
Copies of Bankruptcy Papers. I understand and agree that it is my responsibility to request and retain copies of my bankruptcy papers. If I request additional copies from the law firm, there will be a fee for time and expense in providing copies.
*
Yes
Co-Signers. In a chapter 7 case, I understand that my co-signers are still legally liable to pay on the co-signed debts. In a Chapter 13 case, I understand that my co-signers will be liable to pay whatever portion of the debt that is not proposed to be paid in the Chapter 13 Plan and approved for such payment by the bankruptcy court.
*
Yes
Creditor Disputes. I understand and agree that my attorney represents me in the administration of my bankruptcy case and not in any non-bankruptcy legal proceedings with creditors. I understand that contested matters or adversary proceedings with creditors or other parties before the bankruptcy court, and appeals from such matters are not included in the fees quoted to me by my attorney, and extra fees will be charged on an hourly basis at $250 per hour for such services.
*
Yes
Credit Reporting. I understand that my attorney is not responsible for any incorrect credit entries regarding bankruptcy or any other credit issue that may be created on any credit report either during or following my bankruptcy. I understand that it is my responsibility to dispute or take other necessary steps to correct such entries.
*
Yes
Criminal Penalties. I understand that there is a $500,000 fine and/or a five years jail sentence that can be imposed if I have deliberately given false or incomplete information about my assets and/or liabilities and that the same penalties may be imposed if I lie under oath. I understand that I will sign all documents to be filed in my case under penalty of perjury and will be placed under oath during the Creditors Meeting.
*
Yes
Direct Creditor Payments. I understand and agree that I must not make payment to any creditor outside of the bankruptcy unless such payment is part of my Chapter 13 Plan or a debt that is being reaffirmed in a Chapter 7 case, and such payment is disclosed to all parties in interest.
*
Yes
Electronic Communication. I understand and agree that the primary method of communication with Weekes Law is and will be e-mail. I acknowledge and agree that I/we will provide and maintain an active e-mail account and regularly access, review, and respond to any and all electronic communications with Weekes Law.
*
Yes
Garnishments. I understand that filing bankruptcy will legally stop garnishments served before the filing date, but that it will probably not stop those served before the filing date. I further understand that it is my responsibility to provide the name, address and fax number for the creditor garnishing, the creditor’s attorney, and my HR department, so that notice of my case can be provided to them. I further understand that my attorney is not responsible for enforcement of garnishments that are not voluntarily returned by the creditor upon demand. I understand that my recourse for post-petition garnishments is to hire my attorney in a separate engagement to pursue a motion for sanctions against the creditor.
*
Yes
Hearings (attendance). I understand and agree that I must attend the Meeting of Creditors (3-5 weeks after my case is filed with the court) and other hearings, if any, which the court or my attorney direct me to attend, including, but not limited to the Confirmation Hearing in a Chapter 13 case. I understand that if I do not attend such hearings, my bankruptcy case is subject to dismissal at my expense, without further notice to me.
*
Yes
Hearing (Notice). I understand that I will receive a notice from the bankruptcy court advising me of the time and place of the Meeting of Creditors (and of the Confirmation Hearing in a Chapter 13 case). I understand and agree that it is my responsibility to read the court notice and to make sure that I attend the hearing(s).
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Yes
Homeowner’s Association Fees/Dues. I understand that I remain liable for HOA fees and dues arising AFTER my case is filed until such time as I am no longer the legal owner of the property.
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Yes
Insurance. I understand and agree that I must maintain full coverage insurance on all vehicles and real property (house or land) I retain, with a deductible acceptable to the lender, that I must have proof of insurance delivered to each creditor financing retained vehicles and real property, and that the insurance policy must name each financing party as a "loss payee."
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Yes
Jurisdiction. I understand that in order to file a bankruptcy case in Utah I must have lived in Utah, or had my principal place of business in Utah, or had my principal assets in Utah for more of 180 days before my case is filed than in any other location. If I file a bankruptcy case when these requirements are not met, I understand and agree that my case may be dismissed at my expense.
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Yes
Leases and Contracts. I understand and agree that I may assume (retain and continue to pay on) or reject leases and certain executory contracts (Contracts that are not fully performed as of the time I file for Bankruptcy relief), but if I reject a lease or executory contract, I must surrender the property, if any, that is the subject of the lease or contract, and if l assume a lease or executory contract I must continue to make the monthly payments after filing my bankruptcy case.
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Yes
Lean Avoidance. I understand that a creditor’s lien on some types of my property can be removed by legal action if the lien is a judicial lien (arose because of a lawsuit) or is a non-possessory, non-purchase money lien (the creditor does not possess the property and did not loan the money to purchase the property) on certain household goods, furnishings, wearing apparel, appliances, books, animals, musical instruments, implements or tools of trade, and/or professionally prescribed health aids. I understand that there are additional fees charged for the removal of judicial liens.
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Yes
Liens. I understand and agree that it is my sole responsibility to find out if there are any judgments or liens against me or my property and to disclose all such judgments and/or liens to my attorney. I further understand that in certain circumstances certain liens and/or judgment liens may not be removed in bankruptcy.
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Yes
List all Creditors. I understand and agree that it is my/our exclusive responsibility that each and every list EVERY person, company, governmental agency or other creditor is listed on our bankruptcy papers to whom I/we owe money. This includes friends, family members and business associates, even if I/we intend to repay them or would prefer that they not be aware that I/we are filing bankruptcy. I understand that I cannot leave someone out of my bankruptcy by not listing them. If I am divorced I understand and agree that I must list my ex-spouse as a creditor. If the debt on my home is a Veterans Administration loan, I understand and agree that I must list both the mortgage holder and the Veterans Administration as creditors. I understand and agree that I must list every creditor, including those to whom I believe I do not owe money but who claim or might claim that I do. I have not intentionally omitted any person, company or governmental agency to whom I owe money or who claims that I owe them money. I understand that there are severe criminal penalties for such failure.
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Yes
Mortgage Payments. I understand and agree that only mortgage payments that are past due when my case is filed can be paid through a chapter 13 plan, and that I must make the next payment due after the date my case is filed (and all subsequent payments) directly to the mortgage holder. I understand and agree that I resume making mortgage payments after the filing of my bankruptcy case, unless I am surrendering the property. I understand that if I do not make these mortgage payments on time, the result may be foreclosure on my home or other real property. I understand and agree that these instructions apply to all mortgages on my home and other real property, not just the first mortgage.
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Yes
Nondischargeable Debts. I understand and agree that certain debts my not be discharged under 11 U.S.C 528, including, without limitation, debts obtained by fraud, certain tax liabilities, educational loans, domestic support obligations, debts that are not listed in your bankruptcy papers, debts for willful or malicious injury to another person, debts for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and debts for personal injury caused by you while intoxicated.
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Yes
Plan Payments (Chapter 13). In Chapter 13, I understand that my first plan payment to the trustee is due not later than 30 days after my case is filed, and must be paid online or by telephone per instructions to be received from the Chapter 13 Trustee. The payment may also be mailed to the address to be provided by the Trustee, only by cashier’s check or money order payable only as follows: "Kevin R. Anderson, Chapter 13 Trustee." I understand that cash and personal checks are not acceptable.
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Yes
Property Disclosures I understand and agree that I must disclose all property I own or am buying, and I have in fact disclosed all of the real property (land, homes, etc.) and personal property that I own or am buying.
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Yes
Purchases/ Financing. I understand and agree that I must not incur more debt while in Chapter13. I further understand that it may be possible to obtain a special court order allowing me to incur debt, but I must first consult with my attorney before signing any purchase or finance contracts.
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Yes
Read. I will carefully read and retain all documents and correspondence I receive in connection with my case.
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Yes
Reaffirmation. In a Chapter 7, I understand that I can keep certain debts by "reaffirming” them, that is, by agreeing in writing that I will be legally liable for the debt despite my bankruptcy filing. I understand that reaffirmation is conditional upon the creditor's agreement, upon me and the creditor each signing a written reaffirmation agreement, and a certification by my attorney that the reaffirmation does not impose an undue burden on me or my dependents. There is additional work for the lawyer, and the fee for this work is not included in the flat-fee for the standard case. I understand and agree that if I intend to reaffirm a debt, I must continue to make the usual payments on the debt, as though I had not filed bankruptcy. I understand that because of the liability imposed upon my attorney by the bankruptcy code, in most cases my attorney WILL NOT provide this written certification, and that I will be required to attend a reaffirmation hearing at which my attorney will not be present and will not represent me.
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Yes
Reaffirmation (Payments). I understand that if I am not current on my monthly payments, a creditor may refuse to allow me to reaffirm the debt owed to them. Therefore, if l wish to reaffirm a debt in Chapter 7, I understand that it is advisable that I bring all past due payments current before my case is filed or immediately thereafter.
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Yes
Redemption. I understand that when a creditor has taken some of my property as collateral for a debt, I can "redeem" (buy and keep) the property if it is tangible personal property used for personal, family or household purposes, has been exempted by me or been abandoned by the bankruptcy trustee, and if I pay in one lump-sum cash payment the full amount of the actual fair market value of the property (as agreed by the creditor or ordered by the court) within the time limits defined in the bankruptcy laws (usually, 45 days after the bankruptcy case is filed).
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Yes
Retaining Property. I Understand that if l do not wish to reaffirm a debt secured by collateral (such as a car loan) but I nevertheless want to purchase and keep the collateral without reaffirming the debt, that the bankruptcy code requires me to surrender the property within 30 days of my bankruptcy filing date. I understand that some lenders may allow me to retain and continue to pay debts secured by the collateral, but this may be done solely at the option of the lender. I understand that it is my duty to attempt to negotiate this land of arrangement with the lender and that if I do not do so, the lender may repossess the collateral at any time, without notice and whether or not my payments are current.
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Yes
Retirement Plans and Loans. I understand and agree that in a Chapter 13 case, I MAY be able to continue making contributions to my retirement plan(s) (for example, a 401(k) plan or IRA) and that I must continue to make payments on all loans taken against any retirement plan(s).
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Yes
Review and Signing of Documents. I understand and agree that I must review and sign and initial documents in my case (Petition, Statement of Affairs, Schedules, Plan, amendments, etc.) and pay all fees due in my case before my case can be filed with the bankruptcy court. I understand that completing the Client Supplemental Questionnaire, and submission of all applicable documents is by itself is not enough to have my case filed.
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Yes
Sales and Transfers. I understand that in a Chapter 13 case, court approval is required before I can sell anything I own. I will advise my attorney of my desire to sell any of my property before I accept an offer to buy it. I understand and agree that a real estate agent must be approved by the bankruptcy court. In a Chapter 7 case, I understand and agree that I may not sell anything I own until after my case is closed, unless I first obtain court approval. I understand that if I proceed with a sale without court approval, the sale may be voided and I may have to answer to the bankruptcy court and any other parties for any improper sale.
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Yes
Setoffs by Creditors. I understand that if I owe money to a creditor (such as a bank or credit union) where I maintain any type of checking, savings, certificate of deposit, etc…account, the creditor may take the balance in such accounts as of the date my bankruptcy is filed. I therefore understand that it would be in my best interest to close all such accounts and/or to minimize the amount of money actually in such accounts at the time my bankruptcy case is filed.
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Yes
Spouse/ Former. I understand and agree that I must disclose the identity of all former spouses to my attorney, because, under certain circumstances, I may be indebted to a former spouse who must therefore be included as a creditor in my bankruptcy case.
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Yes
Student Loans. I understand that treatment of student loans in Chapter 13 bankruptcy is currently unsettled, and that the treatment proposed in my Chapter 13 Plan may not be approved by the bankruptcy court and that I may therefore be liable to make payments on my student loan(s) after my Chapter 13 Plan is filed or completed. I Understand that student loans are not dischargeable under any chapter of bankruptcy, and that I am therefore liable to pay, after my bankruptcy case is concluded, and interest accrued during my bankruptcy case and any principal not paid on my student loans during my case, and that upon completion of my chapter 13 case, and that the student loan lender may accelerate the note and call the entire remaining balance due and payable.
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Yes
Surrender of Collateral. I understand and agree that I will be required to surrender collateral for debts that I do not (1) reaffirm; (2) redeem (pay for) the collateral; (3) avoid a lien on the collateral; (4) make arrangements with the lender to "retain" the collateral; or (5) provide for payment on the debt through a Chapter 13 Plan.
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Yes
Tax Debts. I understand and agree that it is my sole responsibility to find out when tax debts were assessed by taxing authorities (IRS, Utah State Tax Commission, etc.) and when I actually filed all tax returns, and to timely transmit that information to my attorney if I intend to discharge tax debts in appropriate circumstances. I also understand that most tax debts are not dischargeable in most cases. I further understand that in chapter 7 cases there is no mechanism during the case that will confirm if or which tax debts have been discharged. It is up to me to contact the appropriate taxing authority to determine discharged tax.
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Yes
Tax Liabilities. I understand that certain tax liabilities are not dischargeable (i.e., that I am still liable to pay them despite my bankruptcy filing), and hereby authorize my attorney, in his discretion, to file a proof of claim for taxing authorities if they do not file a proof of claim for themselves.
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Yes
Tax Refunds. I understand that any tax refunds I am entitled to receive at the time my bankruptcy case is filed (even if the tax returns have not yet been filed) may be taken by the Chapter 7 or Chapter 13 trustee, or offset by the taxing authorities if I owe taxes. In a Chapter 13 case, I understand that the trustee will require that any tax refunds I become entitled to receive for the first three years of my Chapter 13 Plan in excess of $1,000.00 per year ($2,000.00 if the refunds include Earned Income Credit and/or Additional Child Tax Credit) be paid to the Chapter 13 trustee to be applied to my Chapter 13 plan.
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Yes
Tax Returns. In Chapter 13 (and sometimes in Chapter 7), I understand that the bankruptcy trustee will require and direct me to file all tax returns not already filed no later than 30 days after the meeting of creditors in my case, and to keep all tax filings current while my bankruptcy case is pending. 1 understand and agree that the returns must be filed at the following addresses: Internal Revenue Service, Special Procedures Function, 50S 200 EMS 5021, SLC UT 84111; Utah State Tax Commission, Bankruptcy Unit, 210 N 1950W, SLC UT 84134. I understand that if I fail to file required returns, or if I fail to mail the returns to the proper location my case may be dismissed or delayed.
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Yes
Utility Deposits. I understand and agree that if utility debts (including, but not limited to, gas, power, water sewer, telephone debts) are listed in my bankruptcy case, I may be required to pay a deposit to the utility company, and, if such deposit is required, it must be paid within 20 days after my case is filed with the court. Under such circumstances, I understand and agree that it is my responsibility to contact the utility companies to arrange for such deposits.
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Yes
Vehicle Financing. If I am buying or leasing a vehicle, I understand and agree that I must list both the seller/lessor of the vehicle to me and the company/bank/credit union financing the sale.
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Yes
By signing this form you assert that the information provided is complete, accurate, and true.
By checking this box and signing below, I acknowledge, understand and agree that the information provided on this form is for the purpose of getting legal advice. The information contained in this Client Information Form is true, accurate and complete to the best of my knowledge. I have listed all my assets and debts, including debts I want to pay, on which I/we are current, and debts that we dispute. The initial consultation is free if I do not engage Capstone Law Office, PC ("Firm"). I understand and agree that if I engage Firm to assist in a chapter 7, chapter 13 or other chapter under the bankruptcy code that I will be charged as part of the engagement for the consultation and other time and effort performed by Firm according to the terms and payment options set forth in an additional written agreement that I will sign if I decide to engage Firm. I understand and agree that this is an agreement within the meaning of 11 U.S.C. § 528.
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Yes
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