Bankruptcy

What Your Attorney Needs From You

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 melnykdavid404@bellsouth.net
Postal Address:
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
ten(10) years;
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
address;
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,
etc.
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,
etc.;
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
current value;
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.

Bankruptcy, Chapter 13, Chapter 7

What to Expect at Your Meeting with Creditors

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

Bankruptcy

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.

Chapter 7

What Is Chapter 7 Bankruptcy?

Chapter 7 Bankruptcy is a very powerful financial tool.  In most cases a Chapter 7 Bankruptcy will enable you to discharge or eliminate 100% of your unsecured debt.  Unsecured debt includes credit card debt, medical bills, personal loans, and payday loans.  Student loan debt, child support, and most tax debt, are generally not able to be eliminated.  A Chapter 7 Bankruptcy does not require you to give up your house, car, or other personal belongings.  If your income does not cover your monthly expenses you may be a good candidate for a Chapter 7 Bankruptcy. Once the case is filed creditors are prohibited from contacting you in any way about the debt. Please call or email my office for a free consultation to see if a Chapter 7 Bankruptcy is right for you.

Chapter 13 FAQ

Chapter 13 FAQ

Melnyk Law Firm, P.C.

7436 Broad River Rd 803-732-7800
Building 1, Suite 110 803-732-0219 FAX
Irmo, SC 29063 david@melnyklawfirm.com

Postal Address:
P.O. Box 687
Irmo, SC 29063

Chapter 13 FAQ

1. When does my Trustee payment begin?
2. When does my mortgage payment begin?
3. Where do I send my mortgage payment?
4. My mortgage company isn’t sending me statements!
5. It has been one months since I filed, and Trustee payments have not begun coming out yet!
6. What is the Trustee Hearing?
7. What if I cannot attend the Hearing?
8. What do I bring to the Hearing?
9. What will the Trustee ask?
10. Why did my Chapter 13 payment increase?
11. What if my Chapter 13 payment increases before the Confirmation Hearing?
12. Do I continue making my car payments?
13. I am still getting calls from creditors. What do I do?
14. Do I attend the Confirmation Hearing? What is it?
15. What do I do if I change jobs?
16. Can I pay my Plan off early?
17. How can I track my Trustee payments?
18. Is it possible to convert a Chapter 13 to a Chapter 7?
19. What happens if I fall behind on my Trustee payments?
20. Can I petition the Trustee to have my payments stopped for a few months?
21. What happens if my Chapter 13 has been dismissed?
22. I need a loan. What do I do?
23. My child support arrearages are in the Plan. Do I need to continue making payments?
24. My car is in the Plan. When do I get the car title?
25. What happens if I fall behind on my mortgage payments while I am in a Chapter 13 plan?

1. When does my Trustee payment begin?
Your Trustee payments will begin roughly 3-4 weeks after you file. It is your responsibility to make sure the payments are being deducted from your pay stub. If they are not, please call the case administrator handling your case immediately.

2. When does my mortgage payment begin?
The “resumption date” of your mortgage payment is listed on your Chapter 13 plan. Generally it is due the first of the next month if filed before the 16th. If filed on the 16th or afterwards, it is due the first of the following month.

3. Where do I send my mortgage payment?
Send your mortgage payment to the same address you have been making payments unless told otherwise. I recommend for at least the first few months you send your payments certified mail in case there is some dispute.

4. My mortgage company isn’t sending me statements!
This is a common complaint. However, you are still responsible for making your payments on time. Many times the mortgage company will resume sending statements if you send them a letter asking them to do so.

5. It has been one months since I filed, and Trustee payments have not begun coming out yet!
You are still responsible for getting your payments in, even if they are not yet being deducted from your pay. Please call the Trustee’s administrator handling your case immediately!

6. What is the Trustee Hearing?
The Trustee Hearing (also known as the 341 Meeting of Creditors) is where the Trustee handling your case asks certain questions to make sure you qualify for a Chapter 13 and to question you about possible assets. The Hearing also allows creditors to come and ask questions, although creditors often do not come. Please note that enclosed is a list of possible questions the Trustee might ask.

7. What if I cannot attend the Hearing?
Call me immediately! Your case may be dismissed if you miss your Hearing. If I know in advance, I may be able to obtain another hearing date.

 

8. What do I bring to the Hearing?
Please bring your social security card and driver’s license.

9. What will the Trustee ask?
Please look at the enclosed handout.

10. Why did my Chapter 13 payment increase?
Please remember that the initial Plan submitted is only a proposal and an estimate of what the Plan payment will be. Many things can increase the Plan payment including: higher than expected mortgage arrearages, tax arrearages, and objections from car lien holders.

11. What if my Chapter 13 payment increases before the Confirmation Hearing?
Please note that you are responsible for all payments even if your Chapter 13 Plan goes up before confirmation. So, if your plan goes up $15.00 before confirmation, you are responsible for making the increased payment for all the months leading up to the confirmation.

12. Do I continue making my car payments?
It depends on whether your car payment is in the Plan. Most likely it is – so don’t make it! If you are unsure, look at your Plan or ask!

13. I am still getting calls from creditors. What do I do?
Please set pencil and paper beside the phone after filing. Do not speak to creditors unless they provide you their name, who they work for, and their phone number. Then give them the bankruptcy case number and my information. If they call you again, please contact me.

14. Do I attend the Confirmation Hearing? What is it?
Most likely not. I will tell you if you need to attend.

15. What do I do if I change jobs?
Call the Trustee administrator handling your case with the new job address.

16. Can I pay my Plan off early?
DO NOT TRY TO PAY OFF EARLY WITHOUT SPEAKING WITH ME FIRST!

17. How can I track my Trustee payments?
You can track your payments on the internet. Simply go to 13network.com.

18. Is it possible to convert a Chapter 13 to a Chapter 7?

Yes. Sometimes it is not pratical to stay in a Chapter 13. Feel free to ask me if you have questions.

19. What happens if I fall behind on my Trustee payments?
The Trustee usually will send a letter to you stating that your case will be dismissed within twenty (20) days if payments are late and you do not call to arrange payments.

20. Can I petition the Trustee to have my payments stopped for a few months?
Yes. This is called a Moratorium of payments. The trustee usually wants you to be in a Chapter 13 for at least a year before filing a motion. The Moratorium of payments usually can last for 1 to 3 months to assist you while you try to find new employment.

21. What happens if my Chapter 13 has been dismissed?
Please call me. I may have options for you such as filing a Motion to Reconsider.

22. I need a loan. What do I do?
Please call me first.

23. My child support arrearages are in the Plan. Do I need to continue making payments?
Absolutely!

24. My car is in the Plan. When do I get the car title?
After you finish the Plan, the finance company will send you your title.

25. What happens if I fall behind on my mortgage payments while I am in a Chapter 13 plan?
Most likely I will be able to object to the creditor’s Motion to life the automatic stay. In most cases we can reach an agreement to have you catch up over a six month period.