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DAVID W. MELNYK, LLC
Attorney at Law
7436 Broad River Rd 803-732-7800
Building 1, Suite 110 803-732-0219 FAX
Irmo, SC 29063 email@example.com
P.O. Box 687
Irmo, SC 29063
30 Things Your Bankruptcy Attorney
Needs From You!
1. Valid driver’s license or other government issued photo identification;
2. Social Security card;
3. Your current physical and mailing address and how long you have lived there;
4. If you have lived out of state within the past 2 years;
5. Your full name (including jr., sr., etc.) and any other names you have used in past
6. The number of dependants in your house, if any;
7. Six months of pay stubs;
8. Three months of bank statements for all accounts;
9. Full federal and state tax returns with all attachments for the past three years;
10. List of all your creditors with your account number, balance owed, and creditor’s
11. Itemization and copies of paperwork for all sources of income received (other
than from employment, i.e. social security, unemployment, food stamps, pensions,
private disability, lottery winnings, inheritance, etc.);
12. List of all vehicles that are titled in your name, include year, make, model, VIN,
approximate miles, and a list of any problems/defects with the vehicle;
13. For all vehicle loans state the date of the loan, the interest rate, monthly payment
amount, and number of months left on loan;
14. All of the same information in 12-13 for any boats, campers, atv’s, motorcycles,
15. A basic list of the liquidation value (garage sale value) of your household goods;
16. A list of your monthly expenses (non debt payment related- such as electric,
water, food, recreation);
17. Copies of any lawsuits brought against you or by you in the past year;
18. Any potential claims you may have for personal injury, workers comp, disability,
19. For all real estate titled in your name list the date purchased, amount of sale,
residence/non-residence, rental income, TMS number, your estimation of its
20. Most recent tax bill for your vehicles and your real estate;
21. List of any transfer of your assets in the past ten years, include date, amount, and
to whom transfer to place;
22. If you are owed or owe child support or alimony, bring the Family Court Order
that requires the payment. Amount behind, if any;
23. Any expected tax refund or tax fund received in the current year;
24. Itemized list of payments to any creditors to whom you paid more than $600.00 in
the past 90 days;
25. Last time used credit card/account and amount of what was purchased;
26. Any luxury goods purchased within past 90 days;
27. Loan documentation for any 401(k) loan or any other loan against a retirement
account, life insurance, stock plan, etc.;
28. The dates, case numbers, and attorney for any prior bankruptcies;
29. Any debts for which you have or are a cosigner or guarantor;
30. Your list of prioritized goals for the bankruptcy.
Your attorney may require additional information for your specific case. Some
information may not be relevant to your current situation but is required by the Court, the
Bankruptcy Trustee, or your attorney.
If you would like to speak with a bankruptcy attorney you may call the S.C. Bar
Lawyer Referral Service at 803-799-7100 or my office at 803-732-7800.
WHAT TO EXPECT AT YOUR 341 MEETING (MEETING OF CREDITORS)
A. Where to go: If your case was filed in the Columbia region, your hearing will be at the Strom Thurmond Building (5th Floor) located at 1835 Assembly Street.
B. What time to arrive: Please arrive at least 30 minutes early. There may be very long waiting lines to get through security at the Strom Thurmond Building, and parking can also be challenging.
C. Documents to bring: driver’s license and social security card (no copies). If your trustee is Joy Goodwin, you will need to bring your last pay stub and bank statements that include the date your case was filed for each one of your bank accounts open at the time the case was filed.
D. Who will be there? Most likely the only people there will be the Trustee, other attorneys, other filers, and me. However, creditors and the United States Trustee’s office can come and ask questions.
E. What questions are asked at the Meeting of Creditors? It depends on whether you file for Chapter 13 or Chapter 7, and it also depends on what trustee is appointed to your case. However, I have listed below a non-exhaustive list of common questions. Please be advised that you will be placed under oath prior to giving your testimony.
QUESTIONS THE TRUSTEE MAY ASK INCLUDE, BUT ARE NOT LIMITED TO:
• Trustee will confirm your address and social security number;
• Trustee may ask how much you paid for your house and when;
• Trustee may ask what you think the house is worth and how you came up with that valuation. We will cover this in our appointments. However, never say “county tax appraisal” as your only source. When we fill out your bankruptcy schedules, w will review multiple sources and find the value you honestly believe you could get if you were to sell the property today.
• Trustee may ask if you have any domestic support obligations;
• Trustee may ask if you have filed all your tax returns from prior years;
• Trustee may ask if have transferred, sold, or given away any property, land, or any assets to anyone in the last 6 years;
• Trustee may ask if you have received any money from any source in the last 6 months other than from your employer;
• Trustee may ask if you have taken out a loan or withdrawal from your 401(k) in the last 6 months;
• Trustee may confirm your employer address;
• Trustee may ask questions about any of your expenses;
• Trustee may ask if your car or house is insured;
• Trustee may ask specific questions concerning your assets;
• Trustee may ask how you determined the valuation of your car;
• Trustee may ask if anyone owes you money;
• Trustee may ask how much you earn each week.
Bankruptcy is a powerful legal tool used to assist individuals, couples, and businesses recover from stressful and difficult financial situations. Bankruptcy will help you save your home and vehicles and will stop the threatening calls and lawsuits from creditors. However, Bankruptcy is not always the best option. I will discuss your specific situation with you to determine if a Chapter 7 or 13 Bankruptcy will benefit you or if there are other options. My goal is to help you take control of your finances again.
Are your wages currently being garnished because you are behind in your child support? Have you been served with paperwork to go to court to explain why you are behind in your child support? Did you know that a South Carolina Family Court Judge can put you in jail for a very long time just because you are behind on your child support? A Judge may put you in jail even if you believe that you cannot afford to pay what you owe. Filing bankruptcy may be able to help.
Filing bankruptcy will not relieve you of your responsibility to pay child support. Most of my clients who owe child support are more than willing to pay it for the benefit of their children but their circumstances caused them to fall behind. A Chapter 13 bankruptcy will help solve the problem. The Bankruptcy will allow you up to 5 years to make monthly payments to catch up the amount that you are behind. Unless a Family Court Judge orders otherwise, you must continue (or in some cases resume) making your regular monthly child support payment. Bankruptcy law also requires that you remain current with your child support payments while your bankruptcy case is pending.
Once the bankruptcy case is filed you do not need to worry about a Family Court Judge throwing you in jail for the back child support that is owed when the case is filed, nor do you need to worry about back child support being deducted from your paycheck. However, I do highly recommend that where possible you request that both your current child support payment and your bankruptcy payment be deducted from your pay.
If you feel as though your child support payment is excessive or if your income level has decreased since your child support was set please let me know as it may be wise to file an action to lower your payment in addition to the bankruptcy filing.
-written by Columbia Bankruptcy Attorney David Melnyk