Bankruptcy Process

Overview

Our bankruptcy process is easy. You work directly with your bankruptcy attorney in a series of telephone interviews with one in-office appointment.

During these interviews, you and the attorney review your specific facts to prepare your case and to ensure that you are ready for your bankruptcy hearing. Once your case is prepared, you have a final office appointment to review your case and sign the bankruptcy as required by law.

Your payment schedule will determine your case preparation schedule. Your case will be prepared in stages while you are making payments and you may refer your creditors to our office for all communication once you make your first payment.

The Process

Step 1

Required Personal Documents Review

Step 2

Statement of Financial Affairs & Income Verification

Step 3

Personal & Real Property

Step 4

Credit Reports & Added Creditors

Step 5

Expenses, Bank Statements, Paystub Updates

Step 6

Full Corrective Review

Step 7

Bankruptcy Documents Finalization

Documents You Need

  1. Your last two years’ tax returns including W2s (all tax returns must be filed before your bankruptcy case can be filed), and
  2. Your last six months’ pay stubs or other proof of income, for example a Social Security benefits letter or retirement account statement.
    • If your income is higher and close to requiring Chapter 13 on your “means test” we may also ask for your first paystub of the year.
  3. If you are self employed, a six month profit and loss statement.

Specific information is also necessary to identify your assets to the Court, VIN #s on vehicles, last four digits of all account numbers, detail of any jewelry of value, and make/model information on recreational vehicles, musical instruments and guns.

Important:

Your court appointed trustee will request your bank account statements after your case is filed.  These requests can range from 90 days to 2 years.

Remember that any transfers of money or other property to family or friends can make bankruptcy a less than ideal remedy, so make sure you disclose this to your attorney early in your preparation process.

We've got your back

Let’s have a detailed discussion about your case. You can book an appointment to speak directly with attorney Malinda M. Pennington who has been practicing bankruptcy in Upstate South Carolina since 2009.

Booking is open 24*7