TO: Prospective Clients:
FR: Attorney Michael Eramo:
RE: Information that will be required:
The initial telephone call
or visit to an Attorneys office often is filled with anxiety and fear
of the unknown. The professionals at my office are well trained,
skilled and compassionate in helping clients overwhelmed with debt and
or facing a foreclosure of their home. The following information
is designed to give you an idea of the information that you will need
to provide should filing a Bankruptcy petition be the proper solution
to your financial hardship. We DO NOT need all the information
for your first visit. Compile what you can.
DO NOT become overwhelmed. We are here to assist you.
Should you retain our office, we will guide you through the maze of
documents and information needed in a very methodically and organized
manner.
Law Offices
of Michael T. Eramo,P.C.
INITIAL OFFICE VISIT
The new bankruptcy
law became effective on 17 October 2005. The information contained
below is intended to advise you of your obligations under the new law
and to help ensure our compliance with the new law. Please read
all of the information carefully and follow all instructions to the
best of your ability.
The initial office
visit is intended to acquaint you with basic information about bankruptcy
and to assess your current financial situation in order to determine
your need and eligibility for the filing of a bankruptcy case.
This will include information about the types of bankruptcy provided
by each of the four Chapters and how each Chapter works, what types
of debts can be forgiven, what property you can keep, what debts you
need to keep paying, how to value property in bankruptcy and how to
complete the petition, forms, plans, schedules of property, and schedules
of your debts. As part of this process, Attorney Eramo will evaluate
your financial situation to determine your need and eligibility for
the filing of a bankruptcy case.
In order to comply
with the new bankruptcy law and to effectively complete this evaluation
you will need to supply as much of the following information as possible:
ü IDENTIFICATION. The new bankruptcy
law requires that you provide proof that you are who you say you are.
Please bring with you to the initial office visit an official photo
ID (i.e., a driver’s license) and your Social Security card.
ü PROOF OF INCOME. The new bankruptcy
law requires that you provide proof of your average monthly gross income
from all sources for the last 6 months beginning with the first month
before your scheduled office visit. Please bring with you
to the initial office visit all available pay stubs or other records
of income for the past seven months to include records or receipts from
employment income, tips, bonuses, commissions, child support, spousal
support, support from someone paying or sharing your living expenses,
rental income, unemployment compensation, social security, retirement,
pension, interest, dividends, or income form any other source.
If you are married, then you will need to provide this information for
both you and your spouse.
ü DEDUCTIONS TO INCOME. The new bankruptcy law requires that you provide proof of any deductions
from your income to include federal and state taxes, retirement plan
contributions, retirement plan loan repayments, insurance, court-ordered
payments, garnishments, and all other deductions whether voluntary or
involuntary. If you have your own business, you must provide a
complete listing of all of your monthly business expenses including
a year-to-date or recent monthly Profit & Loss Statement for your
business, if
possible. Please
bring with you to the initial office visit as much documentation as
you have available for the last seven months.
ü BANKING RECORDS. Please provide
monthly statements from your bank, credit union, or other financial
institution for the last seven months.
ü INCOME TAX RETURNS. The new bankruptcy law requires that you provide proof of your annual
gross income for the last 4 years and proof that you filed tax
returns for these years. Please bring with you to the initial
office visit copies of your filed income tax returns for the last
4 years. If you have not filed any of these tax returns please
begin that process as soon as possible, as we will not be able to file
a bankruptcy until those tax returns are filed.
ü HOUSEHOLD EXPENSES. The new bankruptcy law requires a listing of your monthly household
expenses including those for mortgage or rent, utility services (electricity,
gas, fuel oil, propane, water and sewage), telephone service, cable
or satellite television service, home maintenance, food, clothing, laundry
and dry cleaning, medical and dental, transportation, recreation, clubs,
entertainment, charitable contributions, insurance (homeowner or renter,
life, health, auto), taxes on property, alimony, maintenance, child
support, etc. Please bring with you to the initial office visit
as much documentation as you have available for the last seven months.
ü CREDIT REPORT. A new Federal
law makes you eligible to receive a free credit report annually from
each of the three credit reporting agencies. Please request your
free credit report online by visiting www.annualcreditreport.com. You may also request your free credit
report by mail or by phone. Mail your request to Annual Credit
Report Service, PO Box 105281, Atlanta, GA 30348-5281 or phone
1-877-322-8228 toll free. An Annual Credit Report Request Form
is attached.
ü ACCOUNT STATEMENTS. The new bankruptcy
law requires a listing of all of your debts including those for credit
cards, medical bills, personal loans, auto loans, furniture loans, jewelry
loans, lawsuits, etc. Please bring with you to the initial office
visit as much documentation as you have available for the last 90
days on all such debts.
ü PROPERTY DOCUMENTS. The new bankruptcy law requires documentation of all contracts and security
agreements including those for mortgages and leases, refinancing, transfers
of ownership, time shares, stocks, car loans and leases, furniture rental
and leases, jewelry loans, etc. Please bring with you to the initial
office visit as much documentation as you have available for the last four years.
ü PROOF OF INSURANCE. The new bankruptcy law requires proof of insurance on all property secured
by a lien including homeowners insurance, automobile insurance, etc.
Please bring with you to the initial office visit as much documentation
as you have available.
üDOMESTIC SUPPORT OBLIGATIONS – If you are paying any child support, alimony, or support you need
to bring all documents associated with such payments. You must
provide some proof that you are current on these obligations and provide
the name and address where those documents are required to be sent.
ü OTHER DOCUMENTS. The production of other documents as required by the new bankruptcy
law includes those for any bankruptcy you filed during the last eight
years, a list of all of your addresses for the last three years,
documentation of any ongoing Court or collection actions, felony conviction,
money or property received from a trust or probate estate, Educational
IRAs or tuition programs, etc. Please bring with you to the initial
office visit as much documentation as you have available.
If you do not have
any of the above information available for the initial office visit
then you may need to contact your employer, human resources officer,
income tax preparer, bank or credit union, service providers or other
sources to request this information. Please do not cancel your
appointment for your initial office visit simply because you do not
have these records. I may be able to assist you in retrieving
these records.
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