Neil O'Toole
Bankruptcy Attorney  •  Durham, North Carolina
"Personal Service, Real Experience"
What to Bring

          At your free initial consultation, here’s what I need:

         1.    Your most recent paycheck stub.  If married, I need to see your spouse’s paycheck stub
              as well.  You can be married and file bankruptcy without your spouse, but the new law
              looks at your household income, even if you are filing individually. If you are not employed
              but have some other regular form of income, bring me something that shows what that is. 
              
Also, the new law looks at what your income has been for the six months before filing, so if
              your income has changed, bring me something showing what your income was before it
              changed. 

2.    The last federal tax return that you filed.  If you haven’t been required to file taxes for the last four years, then I don’t need to see a tax return. 

3.    A credit report. When Congress passed the new bankruptcy act, it also passed a law stating that you have the right to get a free credit report every year from each of the three major credit reporting agencies (Equifax, TransUnion, and Experian). You can get a free credit report at www.annualcreditreport.com.  This is the official website authorized by Congress.  You can get all three if you want.  If you are filing jointly, make sure you get a credit report for each spouse.  Whatever you do, DO NOT go to freecreditreport.com.  I know they advertise on TV all the time, but they are a rip off.  They send you a “free” credit report, but as a condition of sending you your “free” credit report, they sign you up for a credit monitoring service, for which there is – guess what? – a monthly fee.  Go only to www.annualcreditreport.com

4.    Any bills or statements from creditors you have.  I know you’re bringing me a credit report, but not all bills show up on credit reports, and I want to make sure I have everything.  Also, for privacy and security reasons, credit reports no longer have full account numbers and other information that I will need if you file.  You don’t have to bring bills for your rent, utilities, or insurance because you have to pay those even if you file bankruptcy.  I do want to see a statement from your mortgage company if you’re buying your house. 

5.    If you owe taxes, any correspondence you have from the IRS, Department of Revenue, or other taxing authority. 

6.    If you have been sued, or are in foreclosure, bring any legal documents you have been served with by the sheriff or have received in the mail.  

 

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