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Kentucky Bankruptcy Required Document ChecklistNick C. Thompson2020-09-04T18:24:18-04:00
Kentucky Bankruptcy Required Document Checklist
This Kentucky Bankruptcy Checklist explains what documents you need and what steps to take to file bankruptcy. Of course, most bankruptcy clients tell the truth, however, your documents verify your income, assets, liabilities, and expenses.
Upload the documents in pdf format when you fill out your intake online.
Also, please note the following:
Organize the documents chronologically in groups.
No originals, please.
If you don’t pick up your documents, we destroy paper copies after scanning them into pdf format for the judges and trustees.
Kentucky Bankruptcy Required Document Checklist
I. Chapter 7 Cases Require Prior 6 Months of Bank Statements
You must supply the statements for every bank account in your name over the last 6 months. Include any joint accounts for the prior 6 months. Remember, homes cars and bank accounts in your parent’s or children’s names belong to you as an asset if you are on the deed, car title, or bank account. Conversely, Louisville Chapter 13 cases do not need your bank statements. However, in Eastern Kentucky and Southern Indiana, the requirements are to bring the bank statement with you to court for the month of filing if that statement was not available on the date of filing.
II. Chapter 7 & Chapter 13 Require Proof of Household Income for Prior 6 Months
Examples are the prior 6 months of pay stubs, or your veterans benefits, disability, and social security benefit letters. Household income is a husband and wife’s combined income even if only one person is filing. Yes, she or he might not have to file with you but the Court uses household income to determine the means test and any Chapter 13 plan payment. This means that your Bank Statements might need updating if you wait to file your bankruptcy.
III. Chapter 7 & Chapter 13 Require Federal & State Tax Returns for Prior 2 Years
IRS Transcripts are not your tax returns. We need your income tax returns for the prior two years. Tax account transcripts are a requirement if you want to ensure you wait long enough to bankrupt income taxes for us to calculate whether you have waited long enough to make your tax obligation dischargeable. See our page on how to bankrupt taxes. Additionally, the court requires you to file the prior 4 years of taxes to file bankruptcy. Also, you only supply the prior two years of taxes to the court. Then, the trustee reviews your income tax return to look for income, expenses, gifts, and transfers.
The Trustee reviews titles for boats, cars, trailers, and motorcycles that are in your name. If you are on the title for mom’s home or car, you must include it. The trustee is looking for proof that liens and mortgages get proper filing. It is rare, but in 1 out of 1000 cases the bank fails to file the lien on the car title or deed. In Jefferson County, we get the recorded copy of the deed and mortgage for you. In other counties, we need the recorded copy of your mortgage showing the book and page number it is recorded on. Additionally, if the deed and mortgage from your house closing was not recorded, we need a copy with the deed book and page number on it. For Jefferson County, also search for liens, deeds, and mortgages on the County Clerk’s Website: landrecords.jcc.ky.gov.
V. Chapter 7 & Chapter 13 Require Identification, Copy of Driver License, & Social Security Card or W2
We need a copy of your driver’s license and social security card and you must also bring these to your hearing to prove your identity. You may substitute a W-2 for your social security card and a government photo ID for a driver’s license.
In addition to the Kentucky Bankruptcy Required Document Checklist, you must also complete the following tasks:
Fill in the intake on our website. To do this, list the name, address, and amount of all debts. Free credit reports are available at annualcreditreport.com or 1-877-322-8228. Credit reports are useful to provide addresses and account numbers for some but not all of the creditors. List the name and address of any Child Support or Alimony Recipient in the intake as a debt. Include or attach Proof of any large or extraordinary expenses (medical expenses, daycare, charity, etc.) A private school might be an allowed expense for a disabled child.
Credit Counseling Certificate. For this, we only need your proof of income to prepare the petition. But your case CANNOT be filed without the Credit Counseling Certificate. Services we recommend include bkcert.com where they answer the phone 24 hours a day 7 days a week. It is a little more expensive, but it is also extremely fast. Contact them at 866-859-7323. Start Fresh also offers courses online or by phone 800-435-9138. Our attorney code is NT4459 for Start Fresh.
Take the second “Debtor Education course” immediately after the case filing or you might not receive a discharge. Every year someone forgets to file the second course. Unfortunately, it costs about $635 to reopen the case and file the certificate after the case closes. You must also pay a second filing fee plus about $300 in attorney fees for the motions. Both BKcert and Fresh Start automatically file the certificates for you. Other services may not. Toni likes an inexpensive place which only costs about 10 dollars.
You might also need these extra steps:
You may want to download the record all calls app for your phone. I want you to seriously consider this because sometimes debt collectors call and violate the law by being untruthful, rude or demanding payment after they know a Bankruptcy is in filing. Moreover, they often deny making the call. Interestingly, recorded calls are admissible evidence in Kentucky if you wish to sue them for contempt or for an FDCPA violation. Also download our checklist to record the history of the calls. In addition, be certain to keep any paperwork sent to you by a lender after filing.
To strip a 2nd mortgage or judgment lien – complete our form for stripping a lien. If you own a home and someone is suing, you most likely have a judgment lien that needs stripping.
Please take some time to learn about bankruptcy and work with us to achieve your goals by reading the “How to File Bankruptcy Manual.” Do you know that the average person that doesn’t plan their bankruptcy loses at least 8,000-10,000 dollars? However, we pride ourselves in planning your bankruptcy. Furthermore, we believe the average person who spends 3 -4 hours to read our book, is preparing and saving time, stress, and money. You don’t know what to avoid and what to do unless you educate yourself. In fact, bankruptcies are much easier and more profitable if you understand and work with us to get the results you deserve.
The Fees and Costs
Filing Fee $335.00 for a Chapter 7
Filing Fee for a Chapter 13 $310.00 plus $25.00 for mailing the plan to creditors (same as Chapter 7)
Chapter 13 Attorney Fees: You normally pay these through the bankruptcy court when you make your payments unless you file at the last minute to stop a foreclosure. Filing at the last minute delays the foreclosure but the judge wants a couple of payments into the plan if you file this in good faith to save the home. All attorneys receive the same Chapter 13 fee by the court. So, there is no need to try to save money by using a “less expensive” attorney in Chapter 13. The truth is, the worst attorney receives the same fee as the best attorney. However, we caution you because paying the filing fee in “installments” makes additional work for the court clerk and draws attention to your case.
Current Chapter 7 Attorney Fees are below. But, please note that these prices are the same since 2010. And, before that the prices were 1000 and 1200. However, you may expect a price increase in 2020 for attorney and filing fees because there has not been one since 2010.
Single Filing $1200.00
Attorney Fees & No Money Down Filing
For Chapter 7, ethical rules require that clients pay their attorney fees for pre-petition work before the case files. You also bankrupt any unpaid attorney fees the minute you file. However, work the attorney does more work after filing such as attending your hearing. In addition, there is additional paperwork due after filing. Interestingly, this allows you to finance work by your attorney after he files the case.
After the case filing, bankruptcy attorneys cannot collect fees from a client for pre-petition work. In fact, it’s just like creditors can’t collect after the case filing for pre-petition debts. Listen here to Judge Lloyd ordering an investigation and prosecution of one local attorney and his clients for collecting after the case filing. She admonishes the attorney for unethical behavior for a whole hour and hauls in the clients for an investigation.
We do cases in Kentucky and Southern Indiana. We also travel to Lexington, Bowling Green, and Covington at no additional charge. If you have questions about the Kentucky Bankruptcy Required Document Checklist call us at 502-625-0903.
Nick used to work for the banks before he went to law school.He was married to the president of the Mortgage Bankers Association and worked in the state tax department as a prosecutor.He was also the assistant county attorney in Bullitt County.