Bankruptcy Checklist
Bankruptcy Checklist
Bankruptcy Checklist
aid to the attorney, and will require the use of additional forms and investigation as
judged necessary by the attorney.
BANKRUPTCY CHECKLIST
Chapter 7
Chapter 13
1.
JURISDICTION
Resided in district for the majority of the last 180 days before filing
Previous Chapter 7 filings discharged within 8 years (Date:
)
Previous Chapter 7 or Chapter 13 voluntary dismissal of case by debtor in which
Motion for Relief from Stay filed, dismissal must be more than 180 days prior to filing
of new case
Venue (If debtor has not lived in Oregon for the past two years, exemptions used for
bankruptcy purposes are where the debtor lived the majority of time between two and
two and a half years ago.)
Automatic stay (If one previous bankruptcy case is dismissed within one year of filing
current case, automatic stay terminates in 30 days. If two or more cases dismissed
within one year of filing current case, no automatic stay goes into effect. Debtor must
move to continue stay or reimpose stay.)
2.
Non-dischargeable debt
Student loans
Not dischargeable unless undue hardship (Hardship is difficult to prove, but partial
discharge is possible.)
Tax debt
Determine date of filing or assessment and tax due date, including extensions,
Business debt
Business still operating
Corporation/partnership or sole proprietorship
Marital dispute / separation or divorce pending or imminent
Spouse/ex-spouse as creditor
Property settlement obligation owed
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ASSETS
Intangible property
Personal injury claims by debtor against third parties
Other claims by debtor against third parties Earned but unpaid wages due
NOTE: The debtor must disclose claims that exist prior to the filing of the
petition, regardless of whether a claim is pending in a court proceeding or has yet
to be pursued in any way, and regardless of whether the debtor is even aware of
the claim. 11 U.S.C. Section 521.
Failure to list actual or potential claims may preclude the debtor from pursuing the
claim later in a non-bankruptcy action. Ask the debtor:
For more information, see Personal Injury Claims and Bankruptcy, PLF In Brief,
February 2008. Available online at www.osbplf.org.
4.
Homestead/mobile home
Books, pictures, musical instruments
Wearing apparel, jewelry
Tools of trade
Vehicles
Animals
Household goods
Public property
Health aids
Spousal/child support
Victims assistance
Personal injury claim/future earnings [$10,000 exemption allowed for personal injury claims]
Miscellaneous exemptions
5.
ATTORNEYS
6.
STATUS OF DEBTOR
Income (Must have income from all sources in the last 6 months.)
Specific expenses/disposable income established
Judgment proof?
7.
LIEN AVOIDANCE
OTHER ISSUES
Transfers within last 4 years
Payments to creditors within 90 days
Payments to insiders within 1 year
Repossessions, foreclosures pending
Charitable contributions within last year
Secured transactions perfected properly (i.e. car title)
Timing of filing
Discharge for Chapter 13 same as Chapter 7 with exceptions under
11 USC 523(a)(15). Generally the same with limited exceptions.
Void judicial liens (judgments) that impair debtors homestead exemption
Amend personal property and exemption schedules if needed to include any claims by
debtor against third parties not included in original bankruptcy filing. Promptly notify trustee
in writing.
9.
EFFECTS OF BANKRUPTCY
Credit
Automatic stay
Other
10.
CLOSING LETTER
Send closing letter to debtor confirming that your representation is concluded
Return debtors original documents (keep copies for your file)
Inform debtor how long you will keep your file and when it will be destroyed
Include warning about claims discovered after discharge: If you later determine that you have
a claim against someone regarding events that happened before your bankruptcy, even if you
learn of your claim after your bankruptcy, contact me immediately. The claim may not belong
to you, and it may be necessary to reopen your bankruptcy case.