Form 14Chapter 7 Bankruptcy Information Sheet and Checklist from Attorney to Debtor 1

Form 14Chapter 7 Bankruptcy Information Sheet and Checklist from Attorney to Debtor[1]

Re: Bankruptcy No. [number]

Dear [name]:

On [date] our office filed a chapter 7 bankruptcy petition on your behalf. The court number of your bankruptcy case is [number]; please make a careful note of it and include it on all payments made to the clerk of the bankruptcy court.

Unless I have advised you otherwise, remember that the filing of this bankruptcy places an automatic stay upon the attempts of your creditors to collect debts owed by you. In order that you get the maximum benefit from your bankruptcy, I am writing to make sure you understand exactly what is required by you during the months ahead.

Filing Fees

The bankruptcy court has approved our request to have you pay the mandatory $306 bankruptcy filing fee in installments. You have paid $78.00 of the filing fee when the case was filed, and have been allowed to pay the balance of $228 in three installments. Your payments are due as follows:

$76.00 is due on or before [date]

All payments must be made by money order and they should be made payable to “Clerk, U.S. District Court.” Always place your name, address and bankruptcy case number on each money order and remember to keep a receipt of each payment in a safe place in case any disputes arise. If you send a self-addressed stamped envelope the clerk will send you a receipt which will be absolute proof of your payment. It is very important that you make these payments on time when they are due. If you miss a payment, the bankruptcy court may dismiss your case.
The money order can be handed in personally or it can be mailed to:

Clerk, U.S. Bankruptcy Court

U.S. Courthouse, Room [number]

[address]

Utility Service

Your gas, electric, phone or water company may request a security deposit for service after the bankruptcy filing if you listed a debt to them in your bankruptcy papers. While your bankruptcy will wipe out any bills you owed them up until the date you filed, the utilities are entitled to a deposit for continued service, usually in an amount equal to about twice your average monthly bill. This deposit will need to be made within twenty (20) days after the bankruptcy filing unless other arrangements are made with the utility. If you receive a request for a deposit and feel it is too high, or if you will have difficulty paying it on time, please call our office right away.

Mortgage and Auto Payments[2]

If you have a mortgage and/or auto loan and you want to keep your home and/or auto, try to continue to make payments to your mortgage company and/or auto lender. Remember, chapter 7 bankruptcy does not wipe out your mortgage or auto loan. Also, if your mortgage payment does not include an escrow for taxes and insurance, you should continue to keep your home insured and pay any tax bills that come due. If you are unable to keep up with these payments, or if your mortgage company or auto lender will not accept your payments, please call our office right away.

Meeting of Creditors

The next thing to happen in your case will probably be a hearing called the meeting of creditors. You will soon receive a notice from the court of the date, time, and location of that hearing. Please call me when you receive that notice or any other legal papers.

The meeting of creditors is conducted by the trustee assigned to your case. The meeting of creditors gives the trustee and others a chance to ask questions about your financial affairs. Despite the name, few creditors appear at the meeting of creditors in a consumer bankruptcy. You, however, must attend. If you filed jointly with your spouse, you must both attend. Usually, the best thing you can do to prepare for this meeting is to review the papers we have filed with the bankruptcy court in your case.

Documents to Bring to the Meeting of Creditors

You are required to bring certain documents with you to the meeting of creditors. It is important that you begin to locate these documents now so that you will have them on the meeting date. You will need to bring the following documents:[3]

* A picture form of identification, such as a driver’s license or passport (if you do not have a picture ID, provide some other personal identifying information that establishes your identity);

* Some proof of your Social Security Number (or a written statement that you do not have a Social Security Number or that no proof is available);

* Proof of your current income, such as your most recent pay stub;

* Copies of all bank statements (checking, savings, and money market accounts, mutual funds, brokerage accounts, and so forth) you have received for the time period that includes the date your petition was filed, which was [date];

* Copies of bills, receipts, statements or other proof of the following expenses: [describe expenses];[4]

* [Other documents].[5]

Please let me know if you cannot provide any of these documents, so we can discuss how to meet the requirements.

Financial Management Course

If you have not already done so, you must complete an approved course in personal finances. This course is different from the credit counseling course that you completed before filing your bankruptcy. It will take approximately two hours to complete. If you filed jointly with your spouse, you must both complete the course. Many of the course providers give you the choice of taking the course in-person at a designated location, over the Internet (usually by watching a video), or over the telephone. I have already given you a list of organizations that provide approved courses, and you can also check the website for the United States Trustee Program at If you cannot afford the course fee, you should ask the agency to provide the course free of charge or at a reduced fee.

It is very important that you complete this course as soon as possible, because we will need to file with the bankruptcy court within forty-five (45) days of the meeting of creditors a certificate proving that you completed the course. The bankruptcy court will not grant you a discharge of your debts if this certificate is not filed.

Other Things You Should Know

You should not make payments to any creditors for debts which arose prior to your bankruptcy unless instructed to do so by our office, or unless they are for a mortgage, auto loan, or other loan secured by property you intend to keep.

We understand that bankruptcy can be confusing. Therefore, if you have any questions at all or if you do not understand exactly what you must do, please call our office at [number]. We will be happy to answer all of your questions.

[signature]

Attorney

[1]This letter serves to confirm and clarify information given to the debtor in a chapter 7 case. It can be adapted as circumstances require. Such a letter usually eliminates confusion about the various payments debtors must make and what will occur next. A similar letter can be sent in chapter 13 cases. See NCLC’s Bankruptcy Treatise Form 26, Appx. G.3.

[2]If the debtor intends to reaffirm any of these debts, the letter should be modified to describe the reaffirmation process. See Ch. 8, supra.

[3]See Fed. R. Bankr. P. 4002(b). For certain documents, the rule provides that the debtor may provide a statement that the documentation does not exist or is not in the debtor’s possession.

[4]This should be filled out if documentation of monthly expenses claimed by the debtor on Official Form 22A is required by section 707(b)(2)(A) or (B) and has not previously been provided by the debtor to the trustee or United States trustee.

[5]Insert any other documents required by local rule or practice. For example, some court rules require that the debtor bring to the meeting of creditors proof of automobile and home insurance.