Financial Documentation Critical During Bankruptcy Proceedings

If you are struggling financially, it is important to understand that there are options available to put you back on your feet. For some people, filing for bankruptcy makes the most sense - whether they opt for Chapter 7 or Chapter 13 bankruptcy proceedings. Often, people considering filing for bankruptcy may feel overwhelmed and are uncertain about what they can do to improve their situation. Consequently, when deciding to file for bankruptcy, it is important to understand that there are steps you can take to protect yourself during the process.

In addition to hiring an experienced attorney to advocate on your behalf, people filing for bankruptcy would be wise to gather relevant documents to ensure the debts reported by their creditors are accurate. It is common for people filing for bankruptcy to have a variety of debts they are unable to repay. As a result, there may be documentation from a number of sources that is necessary to support a debtor during bankruptcy proceedings.

What types of documentation do I need when filing for bankruptcy?

The documentation you will need is dependent upon the types of debt you have acquired and would like to discharge through Chapter 7 or Chapter 13 proceedings.

When someone files for bankruptcy, creditors will typically file a proof of claim, which details the amount of debt owed. If you do not agree with the amount noted in the proof of claim, providing documentation to support your claim will bolster the argument that the creditor miscalculated the debt owed.

For instance, homeowners who fall behind on their mortgage payments may seek to keep their home through filing a chapter 13. In such situations, being able to provide proof of payments you have made can be helpful - particularly if discrepancies arise between the amount you believe you owe and the debt reported by the mortgage company. If you have copies of your mortgage statements, they can serve as proof of payments made toward the debt. In addition, copies of letters you received from the mortgage company may reveal the amount reported in the proof of claim is inaccurate.

The same is true for other types of debts, including:

  • Credit card debt
  • Student loans
  • Car loans

If you believe the amount reported by a creditor in a proof of claim is inaccurate, documentation - including monthly statements and credit reports - can ensure that the proper amount is determined.

Provide your bankruptcy attorney with documentation to support your case

If you are uncertain about whether a document will be relevant in your bankruptcy case, it is best to hang on to it and ask your bankruptcy attorney. An experienced bankruptcy attorney will guide you through the process and make it as easy on you as possible. Consulting with an experienced bankruptcy attorney will ensure your rights are protected throughout the process.