BANKRUPTCY DOCUMENT CHECKLIST

  1. Photo identification: You should make sure you have forms of identification available when you file for bankruptcy, because you will be required to verify your identity at the 341 Meeting of Creditors. Most people use their driver’s license to fulfill this requirement, but you can also use your passport or a state ID.
  2. Social security card: It’s crucial that the name on your bankruptcy petition exactly matches the name on your social security card. If you don’t have your social security card, you can use an original W-2 as proof of your social security number.
  3. Proof of income: You need proof of income from the last six months to complete your income calculations correctly. Your average monthly income is a key figure in both the household income comparison test and the means test. You can use paystubs if you work for an employer, but self-employed individuals can use a profit and loss statement or business bank statements from the past six months. You must include all sources of income if you have more than one job, as well as income from sources like unemployment, disability, etc.
  4. Bank account statements: You should gather the last six months’ of all of your bank account statements while preparing for bankruptcy. This includes checking accounts, savings accounts, and money market accounts, as well as both individual and joint accounts.
  5. Retirement and investment account statements: If you have a 401(k), IRA, stocks, bonds, etc., you should have the latest statement available for each when you file your bankruptcy petition. Most retirement savings are exempt in bankruptcy, but other investments, such as crypto accounts, could be vulnerable to seizure by the bankruptcy trustee.
  6.  Mortgage statements and home deed: Your monthly mortgage payment is an important figure that needs to be confirmed if you use the means test in your bankruptcy filing. The trustee will also confirm that your home is protected by the homestead exemption using these documents.
  7. Vehicle documents: Just like your home deed, the deed to your vehicle helps the trustee confirm that your car is protected by the motor vehicle exemption. This goes for RVs, boats, and any other types of vehicles you may own.
  8.  Tax returns: At a minimum, you should have the last two years of state and federal tax returns available before a bankruptcy filing. Chapter 13 debtors may be required to provide four years’ worth of tax returns.
  9. Credit report: A credit report from all three bureaus, or TransUnion, Equifax, and Experian, is a highly useful document for a bankruptcy debtor. Defaulted accounts will be listed on the credit report, and those creditors can be added to the creditor mailing matrix, which is how creditors are notified of bankruptcy filings. Also, most debtors are interested in seeing how bankruptcy changes their credit score immediately and over time, so they should pull their credit report shortly before filing for the most accurate information.
  10. Unpaid bills: Some unpaid bills, especially more recent ones, might not yet be reflected on your credit report. You should gather these bills while preparing for bankruptcy so you remember to include them in your creditor mailing matrix. If you do omit these bills, the debts will still technically be discharged, but you may need to spend extra time and money amending your bankruptcy petition to address the error.
  11. Child support and spousal support orders: If you pay child or spousal support, this could affect your income eligibility for either chapter of bankruptcy. But the bankruptcy trustee will want to see proof that this support is being paid. The bankruptcy trustee may be reluctant to accept calculations using support payments that aren’t court-ordered.
  12. Credit counseling certificate: All bankruptcy debtors are required to complete a credit counseling course before filing their bankruptcy petitions in court. The course completion certificate should be attached to the bankruptcy petition. All debtors are required to take a second course, but that shouldn’t be completed until the debtor has attended their 341 Meeting of Creditors. That course completion certificate must be filed within 60 days of that hearing.
  13. Legal notices: If you have received a legal notice such as a lawsuit from one of your creditors or a writ to garnish your wages, you should have the documentation available for your bankruptcy filing.