The Law Office of
Heather A. Harwell, PLLC
Serving Wesley Chapel, New Tampa, Zephyrhills, Dade City, Land O' Lakes & Lutz
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What Financial Documents Will My Attorney Need for My Bankruptcy?
DOCUMENTS REQUIRED FROM ALL DEBTORS. The documents needed by your attorney to prepare your bankruptcy petition and other documents will depend upon your financial situation, the source of your income, the assets you possess and whether you rent or own your home. Your attorney will need to provide most of these documents to the bankruptcy trustee as well. You will need to provide the following documents regardless of your personal financial situation:
Proof of Identity. You will need to take a picture of yourself holding your driver's license and social security card. Make sure the information on each card is clear and may be read.
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Credit Reports, Bills and Judgments. You are required to make sure all debts are included in your bankruptcy. Most of your credit account debts will be listed in your credit reports. Not every creditor reports to every credit reporting agency no is the same information provided on each report so you will want to compare all three. Additionally, not all creditors, such as medical, dental and veterinarian providers report debts to a credit reporting agency so you will need a copy of those bills showing the date the service was rendered, the health care provider's name and address and the amount due. Likewise for overdue rent and lawsuit judgments or settlement agreements which may not be reported.
Tax Returns. You must provide copies of your federal tax returns that were filed for the past two years and include all attachments.
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Bank Account Statements. You will need to provide all bank statements from all checking and savings accounts reflecting all transactions for the prior 6 months and a print-out of all current transactions which have not yet been reflected in a statement. This includes any bank account that you have recently closed; if the account was closed, you will also need a copy of the zero balance statement. Most banks allow you to download and save statements on your computer. However, some banks automatically add a security code which prevents copying or review of your statements so make sure this has not occured because it will be very difficult for your attorney to work with these statements or to copy them to the bankruptcy trustee and may delay the process. If this has occured, you will want to print out the statements then scan them back into your computer.
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Vehicle Documents. All registrations which include your name, current pay-off statements for any loans, and proofs of insurance are required. Your attorney may also want a copy of the purchase or lease agreement for different reasons. Additionally, if there is any damage that may reduce the value of the vehicle, you will want to provide your attorney with close-up and distance photos of the damage. A photograph of the odometer is helpful where applicable as well. Vehicles include motorcycles, RV's, ATV's, boats and planes, golf carts, trailers, tractors, riding lawn mowers, snow mobiles, and wave runners.
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Proof of Income for Past 6 Months. The type of documents proving your income will vary depending upon the source of income. If you are married, you will also need proof of your spouse's income regardless of whether or not your spouse will be filing bankruptcy with you. If you are employed, this will be your paystubs showing what was paid and what was deducted. If you are receiving social security, you will need the notice of the amount that you received at the beginning of the year. If you do not have this statement, you can log into your social security account online and download it. Likewise if you receive disability, a pension or any form of government assistance. If you receive an annuity or 401-k distribution, you will need the monthly statements.
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Proof of Expenses. If you were using credit cards to pay regular monthly expenses such as utilities, phone bills, cable and power bills or to purchase gas, groceries and meals out, you will need to provide those statements for the past 6 months.
ASSETS. Assets vary greatly from debtor to debtor which means the documents necessary for bankruptcy do as well. Those documents can include any of the following, depending upon your financial situation:
Lease Agreement for Your Home. If you rent your home or live in a mobile home and lease the lot where it sits, you will need a copy of that lease applicable to the current year. Additionally, if you rent a storage unit or safe deposit box, you will need a copy of those leases as well.
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​Home Ownership Documents. If you own your home, you will need a copy of the deed, a pay-off statement for any loans and sometimes a copy of the mortgage or loan agreements themselves if you are attempting to work out a modification agreement. If you own a mobile home, you will need the registration as well as pictures inside and out so your attorney may adequately value your home.
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Lease Agreement and Ownership Documents for Rental Properties. You will need a copy of the lease for the property which reflects at least the past 6 months rental income, property deeds, a pay-off statement for any loans on each property, andsometimes a copy of the mortgage or loan agreements themselves if you are attempting to work out a modification agreement.
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Retirement Account Statements for the Past 6 Months. Whether or not you are currently receiving money from your retirement, pension or 401-K account, you will need statements covering the past 6 months to establish the value of these accounts.
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Investment Account Statements for the Past 6 Months. You will need statements showing the activity of your investment accounts such as stock portfolios, money market accounts, mutual funds, crypto accounts and bit coin accounts for the past 6 months.
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Tax Liens. A copy of any and all notices regarding taxes owed and liens imposed.
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Membership Agreements and TimeShares. If you own a timeshare, you will need to provide a copy of the agreement and any applicable deeds. Likewise, if you own a membership that may be transferred for value such as a golf, tennis, yacht or countryclub membership, or camping club membership, you will need to provde the applicable agreement.
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Divorce and Other Lawsuit Documents. If you are involved in a lawsuit, your attorney will need, at a minimum, a copy of the complaint, the answer and affirmative defenses, any settlement agreements and any judgments. If you are involved in a divorce, your attorney will need the petitions and financial affidavits at a minimum. If your divorce was finalized and you have any current obligations as a result, your attorney will need the applicable final judgment order together with any marital settlement agreement and any applicable qualified domestic relations orders (QDRO) effecting any retirement account. If there is a pending petition to modify, again, your attorney will need the petition and financial affidavits. If you are subject to a pending garnishment or attachment, you will need to provide a copy of the motion for writ and a copy of the writ. You will also need a copy of any order requiring you to pay damages, restitution or fines which are still owed.
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Automobile Accident Documents. If you were in an automobile accident or suffered from a slip and fall or employment injury, this means that you may be entitled to damages or liable for damages. Either way, your attorney is going to need any information you have about the accident including the names of the people involved in any automobile accident with you. Likewise, if you have a pending lawsuit related to an injury or you are being sued, your attorney will need to know the parties involved, including the attorneys and insurance companies. Providing a copy of any accident report is a good place to start. Even if it has been four years since you were in an automobile accident and nothing has occured, you could still be liable to an insurance company that paid out damages to an injured party prior to a lawsuit or as the result of a lawsuit.
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Foreclosure Documents. If the foreclosure has already occured, your attorney will need the final judgment. If you are in the midst of foreclosure, your attorney will probably need all documents from your foreclosure lawsuit.
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Probate & Trust Documents. If there is a pending probate that will result in a distribution to you, your attorney is going to need the will if there is one, the Petition for Administration, and the list of assets and liabilities. If you are currently the beneficiary to a trust or you will be within the next two years, you will need a copy of the trust document. Also, if you are designated as a trustee or guardian for anyone else, you will need to provide a copy of the documents describing your position and powers.
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Life Insurance Declaration Pages. If you own a whole life insurance policy, your attorney will need the pages that list the value and terms of the policy, beneficiaries, and a schedule of payments. If you own a term life insurance policy, your attorney will only need the page that shows the beneficiaries, owner of the policy and value of the policy.
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Annuity Agreement. You will need a copy of the entire annuity policy if you are currently receiving annuity payments or if you will be within the next two years.
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Notes, Bonds & Other Instruments. Your attorney will need copies of any promissory notes showing that you owe money or are entitled to money. Likewise, you will need to provide copies of any government bonds that you own.
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Cemetary Plot. Many people don't think of a cemetary plot as an asset but it is. You will need to provide your attorney with the purchase documents for your cemetary plot.
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Intellectual Property. If you own an interest in any type of intellectual property such as a patent, a copyright, a trademark or franchise, you will need to provide a copy of the licensing agreement to your attorney together with any documents that would show related receipts over the previous 6 months.
BUSINESS RELATED DOCUMENTS. Whether you're self-employed or own an interest in a business, your attorney is going to need several additional documents.
Proof of Status. You will need to go to Florida Sunbiz and save a copy of the page that shows the name of the business and the type of business it is. You will also need to provide a copy of any document showing the percentage of your interest in the business.
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Tax Returns. You must provide copies of the federal tax returns that were filed for the past two years on behalf of the business and include all attachments.
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Bank Account Statements. If you are self-employed or a single owner business, a partnership, S Corporation or a joint venture, you will need to provide all bank statements for business accounts reflecting all transactions for the past 6 months.
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Profit & Loss Statements. Often, profit and loss information will be available in your tax documents. However, if not, you will need to provide your attorney with a statement that shows the income to your business, the business expenses and the assets owned by the business.​
TIPS FOR GATHERING & PROVIDING DOCUMENTS. The manner in which you provide your documents to your attorney could serve to speed up preparation of your bankruptcy petition and other documents. f you upload or save all of your documents to a specific file on your computer, you can work on finding your documents a little at a time. Also, if you use a secure cloud storage program, you can easily send your attorney a link to access the documents or send a copy of the documents. If you are unable to use a computer and must provide hard copies to your attorney, do not staple or fold any documents because your attorney will have to scan them into his or her computer.
Avoid 2 sided copies. Also avoid sending documents to your attorney in bits and pieces or using muliple formats such as e-mail, document links and mail or hand delivery. Choose one method and use this method consistantly. This will ensure that your attorney knows exactly what has been received and when as opposed to being forced to look for different documents in different places and trying to guess what he or she has.
If you want to separate your documents, use separate folders or large envelopes or even paper clips. Make sure that any copies you provide are clear and legible. Make sure your documents are in order by date. It would also be helpful to separate them by catagory.
If your attorney gives you a questionnaire to complete, do not omit information. If a question doesn't apply to you or your situation, answer "N/A" for not applicable. Failing to provide any necessary information or documents could cause a significant delay in the preparation of your bankruptcy petition and other documents necessary for filing. If you have any questions about what information your attorney is seeking, do not hesitate to clarify with your attorney.
The information provided in this website and blog page is intended for informational purposes and should not be construed as legal advice. You should never rely solely on websites for legal information or advice and contact a licensed attorney with any questions you may have.