Bankruptcy Questionnaire for Individuals

LAW OFFICE OF D.L. DRAIN

One East Camelback, Suite 550

Phoenix, AZ 85012

Phone: 602.246.7106

Fax: 602.249.1969

DDrain@DianeDrain.com

Information about Bankruptcy for an Individual

Diane L. Drain, Counselor and Attorney at Law

Diane L. Drain,
Arizona Attorney and
Counselor-at-Law

Bankruptcy Law, Courts, Trustees

Basic Bankruptcy Articles

General Bankruptcy FAQ

Trustee Sale and Bankruptcy

Basic Bankruptcy Articles

Bankruptcy
Glossary

Articles for Debtors

Ms. Drain received an AV rating as "exemplary reputation and well-established practice".

Ms. Drain's clients and fellow attorneys have also given her a superb rating (www.avvo.com).

Member - National Association of Consumer Bankruptcy

Our current financial crisis is not new:

Prophetically, in 1814, Jefferson wrote to Thomas Cooper: "Everything predicted by the enemies of banks, in the beginning, is now coming to pass. We are to be ruined now by the deluge of bank paper, as we were formerly by the old Continental paper. It is cruel that such revolutions in private fortunes should be at the mercy of avaricious adventures, who, instead of employing their capital, if they have any, in manufactures, commerce, and other useful pursuits, make it an instrument to burden all the interchanges of property with their swindling profits, profits which are the price of no
useful industry of theirs. Prudent men must be on their guard in this game of Robin's alive, and take care that the spark does not extinguish in their hands. I am an enemy to all banks discounting bills or notes for anything but coin. But our whole country is so fascinated by this Jack-lantern wealth, that they will not stop short of its total and fatal explosion."

Source: The Jefferson Digital Archive at the University of Virginia,
Via Alan Ramos' e-letter

"I am unjust, but I can strive for justice. My life's unkind, but I can vote for kindness. I, the unloving, say life should be lovely. I, that am blind, cry out against my blindness."

Vachel Lindsay
1878-1931, American Poet

"The most sacred of the duties of a government [is] to do equal and impartial justice to all citizens."

--Thomas Jefferson

Armillary sphere made in 1562 by Gualterus Arsenius in Louvain, Belgium

Armillary spheres were used well into the seventeenth century to teach the concepts and coordinate systems of spherical astronomy. The Earth is at the center, and rings represent the horizon, equator, tropics, ecliptic, and important colures. The "cage" as a whole rotates around the axis of the celestial poles. An armillary can be used to demonstrate, for example, the azimuths and angles at which the sun rises and sets at different times of the year.

For personal bankruptcy advice please stay on this page, for business bankruptcy click here.
NOTE: please bookmark this page so you can refer to it later.

Do you feel alone? Here is my present to you - watch this wonderful video "Stand by Me" (make sure to turn on your speakers and watch the names and locations of the musicians.) Trust me, you will be glad you took the 3 minutes to watch it: http://www.youtube.com/watch?v=Us-TVg40ExM.

I understand that you are afraid. I also understand that even calling me is scary. I am as much a teacher as I am a lawyer. As such, here are my promises to you:

1)     I will listen to you.
2)     I will treat you with respect, compassion and courtesy.
3)   I will provide you with free education and consultation.
4) I will provide you with more than a quarter century of competent, experienced legal advice - focusing on bankruptcy and foreclosure laws.
5)     I will not suggest bankruptcy if there is a feasible option.
6) I promise to explain legal concepts in simple English and not to use complicated legal jargon..
7) I will provide you with a wonderful, compassionate staff.
8)     With your help, I will keep my fees to a minimum.
9)     I will guide you through the complicated bankruptcy process.
10)    I will anticipate pitfalls and help you avoid them.
11) I will anticipate your needs and be ready to guide you to the next step.
12) I will be happy to provide personal references from both prior clients and other professionals.
13) Lastly, I will help you plan for your future after bankruptcy.

Shays’ Rebellion In 1786, poor farmers in Massachusetts rebelled when creditors came calling during a recession. Engraving from Hulton Archive/Getty Images

As in 1789, the majority of Americans are no longer blaming the borrower, but now are pointing fingers at the credit card companies and mortgage lenders. Corey Calabrese, a Fordham Law student who is an administrator of the school’s walk-in clinic for debtors at Manhattan Civil Court. Public sentiment is on their side, she added: “For the first time, Americans are no longer blaming the borrower but are looking at the credit card companies.” According to a Quinnipiac University poll in February 2009, 62 percent of those polled blamed mortgage lenders “who loaned the money to people who may not be able to pay it back.” Only a quarter blamed homeowners.

IMPORTANT: You can see from the above engraving our society's current financial situation is not new to us, nor is the creditor stalking the debt challenged person new. So, first, and most importantly, please understand that there is no reason to apologize or feel embarrassed for having financial difficulties. Everyone has suffered through periods of financial distress. Circumstances change: lost jobs, medical problems, divorce, business failure and/or real property values fall. Each of these situations leave those involved in disastrous financial situations. Please do not hide from reality. The faster you seek good legal advice from an experienced bankruptcy attorney the less likely you are to make some disastrous, yet innocent, decisions. If anyone tells you that bankruptcy is simple - take a look at this flow chart of basic bankruptcy procedures.

In general, assets that you own prior to filing for bankruptcy are called pre-petition assets. Some of these valuable assets maybe used to pay those debts you owed before filing bankruptcy, called pre-petition debts. Normally, any assets that you acquire after your bankruptcy is filed are yours, called post-petition assets and your pre-petition creditors cannot take them. By the same token, any liabilities you incur after the bankruptcy was filed, called post-petition liabilities, are not normally discharged in your bankruptcy proceeding. This may change somewhat in a chapter 13 case.

There are situations when bankruptcy is not the best option. Ms. Drain will help you determine what other options might be available. But, in the great majority of cases, bankruptcy is the only option left because of the creditors refusal to be reasonable and help you solve your current dilemma. It is her job to help you throughout the entire process and to make sure you understand your rights and the complex legal issues involved with bankruptcy.

We have designed a process (this web site) that allows everyone 24/7 hour access to information about bankruptcy. Our web site is working even if we are not. We use short educational videos to educate our clients and an intake form to assist Ms. Drain in reviewing your personal situation. There are no fees for these services. After viewing the videos and talking to Ms. Drain, you will be instructed how to enter your own creditor information on-line. Next, you will meet with Ms. Drain for 2 hours to ask and answer questions, review the documents and plan for the future. Our goal is to keep our fees to a minimum. We invite all our clients to call anytime they have questions. Unlike most firms, Ms. Drain meets with all her clients and does not delegate this duty to staff. But, staff and Ms. Drain are always available to answer questions. Please review some comments that our clients have shared with us about our services. You can also check us out at www.AVVO.com.

If you have any problems with any of the links please call our office immediately. We do not want you to become frustrated. Our goal is to make this very complicated process as easy as possible.

Congress has decided that all debtor lawyers must state that they are "debt relief agencies". I am very proud to say that our office is in business to help people understand their rights, and if necessary, to help them for bankruptcy relief under the Bankruptcy Code.

THE "SIX STEPS"
Please follow each step in order.

ANY INFORMATION YOU PROVIDE OUR OFFICE IS HELD IN STRICTEST CONFIDENCE. IF YOU DECIDE NOT TO FILE FOR BANKRUPTCY, THEN NOTIFY US AND WE WILL SHRED YOUR PAPERWORK.

Please understand that just because you send us this form that you have not committed to filing for bankruptcy protection. There are situations when the best course is for a client to wait for some period before filing, if a bankruptcy is ever filed; or take another route other than bankruptcy.

Step One - Click here for Educational videos on the basics between chapter 7 and chapter 13. Watch all 9 short videos. IF YOU ARE MARRIED YOU BOTH MUST WATCH THESE VIDEOS. The videos will help you understand the basics of bankruptcy, assist you in understanding your duties in bankruptcy and dispel many myths about bankruptcy. Click here for the list of Arizona exemptions. You will need this list when watching the videos. Once you have finished this step move on to step two.

Step Two - Click here for General Review of Financial Status - fill out this form, send to our office and Ms. Drain will call you to schedule a 20 - 25 minute free phone discussion. PLEASE DO NOT SEND THIS FORM UNTIL YOU HAVE COMPLETED STEP ONE. IMPORTANT: To prepare for our discussion please print the list of Arizona exemptions (click here). Our discussion with start with referring to the exemptions. So it is important that you be familiar with the list.

The General Review of Financial Status form is intended to provide Ms. Drain with sufficient information to properly advise you as to whether or not bankruptcy would help. And if so, which type of bankruptcy would be the most beneficial. This information will also assist in identifying specific areas of concern that could lead to difficulty in filing a bankruptcy at this time. This will also include a discussion about the means test. NOTE: To use this form you can copy all of the document, then paste it into your word processor. Once the form is complete - fax, e-mail or mail it to our office. Make sure to write legibly and only in dark ink.

Make sure to check our FAQs for basic questions related to bankruptcy.

When should you complete the rest of these steps? All documents filed with any court, especially Bankruptcy Court must be accurate, thorough and honest. Therefore, do not start the rest of these steps until you know that you will be filing your bankruptcy in the next month or two. Otherwise, it will be necessary for you to update and edit all information you entered earlier. That will most certainly frustrate you and make your life more difficult. This is the last thing we want to do; we just want to make certain that you will have top qualify documents.

Step Three- Credit Reports - Obtain credit reports from all 3 reporting agencies. If you are married obtain credit reports for each spouse. Click here for the link to the free credit report. Why free - the federal law requires that every Arizona resident be able to obtain a free annual credit reports.

Do your best to obtain these credit reports (all three for each spouse) in order to fill out step 4 completely. The law requires that you list every creditor address on every piece of mail received in the last 90 days before filing a bankruptcy. There are creditor addresses on both the front and back of each statement/bill. These credit reports are intended to supplement, not replace the demands and statements that you have recently received from your creditors/collection companies.

CLICK HERE FOR A LIST OF ALL STEPS FOR THE ENTIRE BANKRUPTCY PROCESS FROM BEGINNING TO END

Are you behind on your mortgage?: Fact sheet on H ome Affordable Modification Program (HAMP) for homeowners in bankruptcy (click here).

Step Four* - RAPID IMPORT (also known as "StopMyBills.com"): Please do not start this step until you have completed steps 1 and 2. Also, please order your credit reports now (step Three). You can use your credit reports to supplement other information referenced in the instructions for Rapid Import. The following will provide us with the necessary information to prepare your bankruptcy documents. This on-line program is completely secure and only our firm will receive a copy of your information.

Before going any further print and read Instructions for Using Rapid Import. These instructions will make your work much easier. I really hate to say this - but if you elect not to follow our directions, then I will elect not take you as a client. Bankruptcy is not something to do "half-baked". If you do your job I can help you through this complicated process. I know this warning is not necessary for most of you.

So, now that you have read the instructions fill in your social security number below and press the "Log In" button. You will be taken to an easy to follow on-line series of questions. Be very accurate when filling in your social security number. You may return to the Rapid Import site anytime by re-entering the same social security number. Therefore, you can enter information at your convenience.

Please order your credit reports (Step Three) and use them to remind you of additional creditors.

Remember that accuracy and thoroughness is very important in the bankruptcy process. You are the only person who knows if you are entering the correct information. Later you will be asked to swear under oath that the information in your documents is complete and accurate. I want you to be very comfortable with this affirmation, so commit the time and effort to doing a good job and you will find few if any complications

Step Five- Credit Counseling Class - Congress requires that you take a credit counseling class before you are permitted to file for bankruptcy. If you are married both of you must take this class. The 50 minute class can be taken on the internet or phone. We recommend ConsumerBankruptcyCounseling - very inexpensive, but takes several days to get your certificate. Let me know if you have any problems with either provider. A second option: Institute for Financial Literacy (click here).

This office does not act as a facilitator, you must pay any fees directly to the company; we do not give you a log-in number, you just obtain that from the company. You will be issued a certificate once the class is completed. Make sure to send my office a copy of this certificate.

Caution: this class is good for only 6 months so take it only when you are ready to meet with me.

Beware of offers from fraudulent educational services. They must be approved by the US Trustee's Office.

Step Six: meeting with Ms. Drain
Bring the documents that apply to your situation to our first meeting.
**Warning, I don't want to, but I will cancel your meeting if you arrive without the appropriate documents**.
(There is no need to make copies - we scan the originals and immediately return them to you.)
1) Half of the retainer fee. The balance, plus the court filing fee is to be paid when you are ready for us to file your bankruptcy.
2) Your driver's license and social security cards.
3) Send copies of your paystubs for the last 7months. Please send these before our meeting so that we can enter the information in our system.
4) Credit Counseling Certificate(s). Try to have by this meeting, but must have by your second meeting.
5) Bank statements for last 12 months - all accounts, including business (if any)
6) Tax returns for last 2 full years
7) Last 7 months of all pay stubs or proof of income (if self-employed).
8) Copies of all vehicle titles or registrations.
9) Copies of law suits, if any.
10) If you owe back child support or alimony - a copy of exactly how much you owe and who is trying to collect.
11) If you are behind on house payments and plan on saving your home, then bring a statement from lender indicating the amount necessary to bring the loan current, plus a copy of the Notice of Trustee's Sale, if any.
12) If you owe back federal taxes - obtain a literal transcript CLICK HERE FOR NEW IRS FORM 4506T-EZ from the IRS for the last 4 years. General Notes on transcripts

AS A FAVOR TO ME:
1) I am sensitive to strong smells. So please avoid the use of perfumes or cologne when you meet with me.
2) Leave small children at home. Our first meeting is long and you need to be able to concentrate.
3) Illness: please reschedule your appointment if you or your family members are ill with cold or flu symptoms.
Thank you for your courtesy.

FIRST APPOINTMENT: Once you click "Finish Now" in Rapid Import an e-mail will be sent to our office. Do not enter any additional information without first talking to my paralegal - Jay. Once you are done he will confirm that the information is correct and, perhaps, ask for a few additional items. Then I will call you to set your 2-hour appointment. .

We offer both daytime and early evening appointments. Make sure to bring the documents listed above as Step Six, otherwise we may need to reschedule until you are able to gather the missing documents. Feel free to call if you have questions about any of these documents.

At this first meeting Ms. Drain will go over all your questions, discuss your unique situation and a go through all the bankruptcy information you filled in on-line. At the end of the meeting you will be provided with a draft of the bankruptcy documents. You will take the draft home to review for accuracy. If you have not already received them, you will also be given both retainer and disclosure agreements. Also, at that meeting you will discuss the timing for filing and design a plan for the process.

Also, at the first meeting: you will be expected to pay one-half of your retainer. Ms. Drain quoted you a fee at the time you had your free telephonic discussion (step two). Some clients elect to pay a portion of the retainer before that meeting. Once you have paid a portion of the retainer you may refer all creditors and collection companies to our office. Therefore, you will no longer be haunted by those horrible demands from the creditors. Please note that this firm does not represent you until you have actually paid a retainer fee and signed a retainer agreement. Please do not give our name to your creditors until we have instructed you to do so.

SECOND APPOINTMENT: Call our office to schedule your final appointment once you have completed a thorough review of the draft documents and are ready for us file your bankruptcy . You are to bring the edited draft documents that you were given at the first meeting, plus any new documents, such as pay stubs, bank statements or new collection notices. At this meeting we do a complete and final review of all the documents and discuss any changes you wish made. Then you will be asked to review and sign all the documents. You will be guided as to the best time for our office to file your bankruptcy. At this second meeting you will need to pay the balance of your retainer, plus the Bankruptcy Court filing fees.

To view and print these forms in PDF, you must have Adobe Acrobat Reader installed on your computer. This program is free. Click on the button to download this very small program now if it is not already installed on your computer.

DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state. The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

Viewing the information on this site is not intended to constitute legal advice or to create any attorney-client relationship.
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