As personable dedicated attorneys, we pride ourself in offering personalized service to our clients. Our law firm is different from others as our clients meet and deal with a actual attorney in consulting about their case; not a paralegal or secretary. The attorneys and our staff will take the time to listen to personally discuss your specific situation with you, take the time to fully understand your specific situation, and guide you towards your goals. Our fees are reasonable and are outlined at the beginning of your case. We are the bay area's efficient, Reliable, Professional Oakland and San Jose bay area Bankruptcy Lawyers.
OAKLAND BANKRUPTCY LAWYER - SAN JOSE BANKRUPTCY LAWYER
(510)834-8777 - (408)975-9321
To assist us in getting the information needed to file a bankruptcy, please provide the following documents or information. This applies to all property in the world.
A.Housing
·If you own or are buying a house, copies of the mortgage(s), deed and any appraisal of your house (if you don’t have an appraisal, your best estimate of what the house is worth)
·If you are renting, a copy of your lease. If no written lease, a copy of a recent rent receipt
B.Fill out the “Inventory of Household Goods and Furnishings”
C.Fill out abbreviated schedule B, which is a list of all property you own or are buying ( other than a house, land, or household goods listed in the inventory)
D.Your bankruptcy must list the name, address and amount owed to all of your creditors. This includes
·People who you want to repay even though you are filing bankruptcy
·People who claim that you owe them money even though you don’t owe money.
If you a recent credit report, attach a copy.If you don’t, you can get a free copy of your credit report by following the instruction form at the end of this questionnaire. Get only one report – it doesn’t matter which one. Since some creditors don’t use the credit bureau you must review the report and add any creditors who are left off. Our office will also be able to obtain a copy of your credit report. It is your responsibility to list all creditors, if the credit bureau makes a mistake and you don’t catch it, you are the one who suffers as a result.
For each creditor not listed on a credit report you should either:
·Provide a copy of a recent bill (this is the preferred way), or
·Write down the name and address of the creditor, account number, amount owed, and collateral, if any, forthe debt on the attached form
E.A copy of all pay stubs you have for the last 60 day for each person in your household who is working. From now until your bankruptcy is filed you must keep all of your pay stubs.
F.If filing a chapter 7- A copy of your most recent federal tax return. If filing Chapter 13, copies of your federal tax returns for the last 4 years. If you filed a return but don’t have a copy, we will need to get a transcript of your tax return.
G.Complete the “budget”
1.Page 1 asks about your dependents and your employment history.
2.Page 2 asks for your monthly income (include food stamps but not a housing subsidy unless you actually get a check in your name) ( you don’t need to complete the shaded box if you give us a copy of a recent pay stub)
3.Part 3 asks about your monthly expenses. You should put down what you think you expenses will be if you economize. If the expenses vary, average them out. If you aren’t sure, just do the best you can.
4.You also need to tell the court if you think your income or expenses are going to change by 10% or more in the next 12 months,
H.Complete the page, Summary of Your Financial Affairs.
Abbreviated Schedule B – Personal Property
List all property of whatever kind. If you have no property in one or more of the categories, write “None.” If additional space is needed in any category, attach a separate sheet.
If someone else is holding property for you, state that person’s name and address under “Description and Location of Property.”
Some questions are shaded because these items are rarely owned by legal services clients. However, if you do own this type of property, please put down the information requested.
TYPE OF PROPERTY
Description and Location of Property
How much is property worth?
1.Cash on hand
$
2.Checking, savings, or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or cooperatives.
3.Security deposits with public utilities, telephone companies, landlords, and others.
4.Household goods including audio, video, and computer equipment.
Enter total from the Inventory of Household Goods and Furnishings
5.Books, pictures and other art objects, antiques, stamps, coin, record, tape, compact disc, and other collections or collectibles.
6.Wearing apparel (clothes)
7.Furs and jewelry.
8.Firearms and sports, photographic and other hobby equipment
9.Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each.
10.Annuities. Itemize and name each issuer.
11.Interests in a educational IRA or a state tuition plan (529 plan)
12.Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Itemize. Note: your retirement plan is completely exempt if listed on your bankruptcy papers
13. Stock and interest in incorporated and unincorporated businesses. Itemize.
14.Interests in partnerships or joint ventures. Itemize.
15.Government and corporate bonds and other negotiable and non-negotiable instruments. This includes savings bonds.
16.Accounts receivable.
TYPE OF PROPERTY
Description and Location of Property
How much is property worth?
17.Alimony, maintenance, support, and property settlements to which you are
or may be entitled. Give particulars.
18.Other liquidated debts owed toyou (someone owes you money) including tax refunds. Give particulars.
19.Equitable or future interests, life estates, and rights or powers exercisable for your benefit other than those listed in Schedule of Real Property.
20.Contingent and non-contingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust (are someone’s heir?)
21.Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims and rights to setoff claims. (do you have a lawsuit against someone?) give the estimated value of each.
22.Patents, copyrights, and other intellectual property. Give particulars.
TYPE OF PROPERTY
Description and Location of Property
How much is property worth?
23.Licences, franchises, and other general intangibles. Give particulars.
24.Customer lists or other compilation containing personally identifiable information provided to debtor by individual in connection with obtaining a product or services from the debtor.
25.Automobiles, trucks, trailers, motorcycles and other vehicles (list make and year of all vehicles)
26.Boats, motors, and accessories.
27.Aircraft and accessories.
28.Office equipment, furnishings, and supplies.
29.Machinery, fixtures, equipment and supplies used in business.
30.Inventory.
31.Animals.
32.Crops – growing or harvested.
33.Farming equipment and implements.
34.Farm supplies, chemicals, and feed.
35.Other personal property of any kind not already listed. Itemize.
IMPORTANT NOTE: Property that you inherit within 180 days after you file a bankruptcy is included in the bankruptcy. This means that the property you inherit can be used to pay your creditors. Therefore, careful planning is needed so that you can keep as much of the inheritance as possible.
If you may inherit property soon circle “Yes.” Be sure to mention this to your attorney before filing the case.
I may inherit money or property in the future.YesNo
Family composition and employment
Marital status (circle one)
Marriedseparateddivorcedwidowednever married
Dependents of you or your spouse who live with you
Full Name
Age
Relationship to you
EMPLOYMENT
YOU
SPOUSE
Occupation
Name of employer
How long employed
Address of employer
Budget, part 1 – CURRENT INCOME
If you are married, the column labeled “Spouse” must be completed unless you are separated and you are not filing a joint petition.
Income: (Estimate of average monthly)YOUSPOUSE
Current monthly gross wages, salary, and commissions (pro rate if not paid monthly)
$
$
Estimated monthly overtime
$
$
SUBTOTAL
$
$
Less Payroll Deductions
$
$
a.Payroll taxes and social security
$
$
b.Insurance
$
$
c.Union dues
$
$
d.Other (Specify)
$
$
SUBTOTAL OF PAYROLL DEDUCTIONS
$
$
TOTAL NET MONTHLY TAKE HOME PAY
$
$
Regular income from operation of profession or farm (attach detailed statement)
Income from real property
Interest and dividends
Alimony, maintenance or support payments payable to you for your use or that of dependents listed above
Social security of SSI
Other government assistance, including food stamps (specify)
Pension or retirement income
Other monthly income (specify)
TOTAL MONTHLY INCOME
$
$
Budget, Part 2 – Current Expenditures (monthly)
Complete this schedule by estimating the average monthly expenses of the you and your family. Pro rate any payments made bi-weekly, quarterly, semi-annually, or annually to show monthly rate.
Other expenses
Housing and utility costs
Food
Rent or home mortgage payment (include lot rented for mobile home)
$
Clothing
Are real estate taxes included?
Yes____No____
Laundry and dry cleaning
Is property insurance included?
Yes____No____
Medical and dental expenses
Utilities:
Transportation (not including car payments)
Electricity and heating fuel
$
Recreation, club and entertainment, newspapers, magazines, etc.
Water and Sewer
$
Charitable contributions
Telephone
$
Insurance ( not deducted from wages or included in mortgage payments)
Other
$
Homeowner’s or renter’s
$
Home Maintenance (repairs and upkeep)
$
Auto
$
Total Housing Costs
$
Life
$
Health
$
Taxes (not deducted from wages or included in mortgage payments)
$
Installment payments
Auto
$
Other
$
Alimony, maintenance, or support paid by you
$
Payments for support of additional dependents not living at your home
$
Regular expenses from operation of business, profession, or farm
$
Other (describe)
$
Total other expenses
$
Summary of your Financial Affairs
Employment Income
Name of employer(s)
Amount
2009 (to date)
2008
2007
Non-employment Income
Source (social security, public aid, food stamps, etc)
Amount (per year or per month?)
2009 (to date)
2008
2007
List any lawsuits in the last year that you have not already told us about.
Have you had any property repossessed in the last year? If so, what was the property, and when was it repossessed?
Have your wages been garnished in the last year? If so, when,who was the creditor and how much was garnished?
List all previous addresses in the last three years.
Information about your debts
Complete the following information as best you can for every creditor for whom you cannot provide a copy of a recent bill. Estimates of how much you owe are alright.
Name & address of creditor
In 5 words or less, what is the debt for? (i.e. “medical bills,” “credit card”)
List any property that is collateral for this debt
Amount owed
$
Account # if any
Amount owed
$
Account # if any
Amount owed
$
Account # if any
Amount owed
$
Account # if any
Amount owed
$
Account # if any
Amount owed
$
Account # if any
Inventory of Household Goods and Furnishing
This is a guide to help you organize the list of your property
Room/description
Value (what you could get if you had to sell it)
Room total
Living Room
Carpets/Rugs
$
Sofas, Chairs
$
Tables
$
Lamps
$
Pictures/Mirrors
$
Window coverings
$
TV/Stereos
$
VCRs
$
DVD players
$
Computer
$
Other (list)
$
Total living room
$
Kitchen
Appliances
$
Small appliances
$
Tables/ chairs
$
Cookware
$
Dishes/utensils
$
Other(list)
$
Total kitchen
$
Dining Room
Carpet/rugs
$
Tables/Chairs
$
Buffet, Sideboard
$
China, Glassware
$
Silver
$
Pictures/Mirrors
$
Other (list)
$
Total Dining room
$
Bedroom #1
Carpet/Rugs
$
Beds
$
Bedding
$
Bureaus/Dressers
$
Pictures/Mirrors
$
Desk, Chairs, Tables
$
TV, Stereos
$
Desk, Chairs, tables
$
VCRs
$
DVD player
$
Computer
$
Other(list)
$
Bedroom #2
Carpet/Rugs
$
Beds
$
Bedding
$
Bureaus/Dressers
$
Pictures/Mirrors
$
Desk, Chairs, Tables
$
TV, Stereos
$
Desk, Chairs, tables
$
VCRs
$
DVD player
$
Computer
$
Other(list)
$
Bedroom #3
Carpet/Rugs
$
Beds
$
Bedding
$
Bureaus/Dressers
$
Pictures/Mirrors
$
Desk, Chairs, Tables
$
TV, Stereos
$
Desk, Chairs, tables
$
VCRs
$
DVD player
$
Computer
$
Other(list)
$
Total Bedrooms
$
Family Room /Den
Sofas/Chairs
$
Tables, Chairs
$
Picture, Mirrors
$
TVs, Stereos
$
VCRs
$
DVD Player
$
Computer
$
Other (list)
$
Total Family Room/Den
$
Basement/ Utility Room
Washer
$
Dryer
$
Desk, Tables, Chairs
$
TVs, Stereos
$
VCRs
$
DVD player
$
Tools
$
Exercise equipment
$
Other (list)
$
Basement total
$
Garage/Car Port/Shed
Tools
$
Lawn Mower
$
Grill
$
Lawn Furniture
$
Hobby/Sport equipment (bike, jet ski, etc)
$
Other (list)
$
Total Garage
$
Small personal items
Cell phones, PDAs
$
iPod, iPhone, etc.
$
Any other property
$
$
$
$
$
$
$
$
$
TOTAL HOUSEHOLD
$
Projected Expenses
Indicate how much you pay for each item each month
1.Your rent or home mortgage Does that amount include real estate taxes?YesNo Does it include property insurance?YesNo Do you have a second mortgage or home equity loans? 2nd Mortgage/ home equity loan 3rd Mortgage
$
$
$
1a. Condo or coop assessments
$
2.Electricity and heating
$
3.Water and sewage; garbage removal
4.Telephone service/ long distance local/land line long distance if billed separately cell phone
$
$
$
$
5.Do you have any other utility bills?If so, what and how much per month? cable internet other
$
6.Home maintenance, including repairs and general upkeep inside – cleaning supplies, paper products, etc. outside – lawn and yard care, snow removal, repairs (roof, etc)
$
7.Food at home meal on wheels kids – school lunches, snacks adult – meals while at work fast food and other restaurant meals beer wine liquor cigarettes etc
$
8.Clothing
$
9.Laundry and dry cleaning
$
10.Medical and dental expenses doctors dentists optician; eyeglasses or contacts medicine – prescription over the counter copayments home health care
$
11.Transportation (not including car payments) public transportation gasoline vehicle maintenance license/ registration/ city stickers parking
$
12.Entertainment, recreation, newspaper, magazines lottery tickets vacations summer camps for children holiday gifts to children, relatives
$
13.Charitable contributions
$
14.Insurance not deducted from paycheck a) homeowner’s or renter’s insurance b) life insurance c) health insurance
d) auto insurance e) other insurance
$
15.Taxes not deducted from paycheck property taxes if not included in mortgage payment self employment taxes other (specify)
$
16.Installment payments for car, furniture, etc, that you plan to keep. specify for what?name of creditor
$
$
$
16a. lease payments for car, furniture, etc. (specify) for what?Who are you renting from?
$
$
$
17.Alimony, maintenance, support paid to others paid to paid to
paid to
$
$
$
18.Payment for support of dependents not living at home
$
19.Expenses from operation of business (total) itemize on separate sheet
$
20.Other expenses not listed above child care regular child care occasional childcare (baby sitters) personal grooming (haircuts, etc) school trips, special fees, etc child’s allowance, toy, etc. activity fees (sports, band, etc) postage; bank and currency exchange fees
$
$
$
$
$
$
$
$ $
21.Do you expect any changes in the next year?What month?How moving expenses mortgage payment change (adjustable rate) rent adjustment due to change in income child moving out or returning
much(+ or -)
$
$
$
$
Contact Us
We kindly invite you to view our website for more important information about bankruptcy law and our local Oakland, San Jose, San Francisco bay area law firm. Feel free to contact our firm to schedule a free initial consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
From law offices in Oakland, California, and San Jose, California attorneys from the law firm of Phan, Nguyen and Associates LLP handles cases throughout the East Bay Area, including Alameda County, Contra Costa County, San Francisco County, and San Mateo County. We serve the people of Alameda, Oakland, Piedmont, Oakland Claremont area, Oakland Lake Merritt area, Richmond, Albany, El Cerrito, Hercules, Berkeley, San Leandro, Castro Valley, Hayward, Hercules, El Cerrito, Fremont, Newark, Santa Clara, San Jose, Milpitas, Sunnyvale, San Francisco, San Mateo, Marin, Martinez, Richmond, Hercules, Concord.
NOTE: This website content is purely for informational purposes only. It is intended to give you a general idea as to these legal issues and to give you a representative example of what we can do to assist you. Any and all content is purely for informational purposes. As we are unable to continuously update our website as the law quickly changes, we do not claim that any information given is up to date, legal advice, current law and/or applicable to your case. Please contact us for a free consultation.
