Bankruptcy is defined as a legally declared inability or incapability of an individual or organization to pay their creditors. Personal bankruptcy is an option limited to individuals who are bankrupt and does not include organizations or companies.
The main objective behind filing a bankruptcy is to absolve financial debts and make a fresh start. Individuals can file for personal bankruptcy under chapter 7 of the bankruptcy act after they take a credit counseling course, completed an approved financial management course before discharge and after passing the ?means test?.
Debtors filing Chapter 7 or Chapter 13 bankruptcy must present a copy of a tax return or transcription of a tax return of the period for which the return was most recently due to the trustee, at least seven days before the 341 meeting
The documentation required for filing for personal bankruptcy includes a list of creditors, detailed description of current income, current personal expenses, and an identification photograph. Under the new bankruptcy laws a person also has to submit a certificate of counseling and a proof of income for the last six months. Proof of income includes copy of paycheck, a pay stub, bank statements, rental agreements, books and records, or any other evidence of income a person has received within six months of filing. The last 60 days worth of paycheck stubs must also be filed along with the bankruptcy paperwork in the bankruptcy court.
A statement of monthly net income and any anticipated increase in income after the filing should also be mentioned. All the tax returns or transcripts for the previous four (4) tax years are to be submitted. Tax returns that were not filed during the bankruptcy case will also be needed. Other documents include copies of deeds, mortgages and titles to vehicles, copy of the individual?s automobile financing agreement and any creditor?s mail that the person has received within the last 90 days before filing. Copy of security agreements with secured creditors and copies of divorce decrees, property settlement agreements, separation agreements and child support orders also have to be included along with an application for personal bankruptcy. It is always advisable to contact an attorney before filing for personal bankruptcy.
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