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Do Your Bankruptcy Schedules Tell the Client’s Story?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

The last check before you file your client’s bankruptcy schedules should be a step back to see if the schedules “tell the story”.  The background and the color don’t make it to schedules and SOFA, but you need to read them from the trustee’s point of view to see if they make sense and reflect the realities of the client’s life.

Things to look at before you push the button to file:

  1. Have you listed anticipated changes in income and expenses on Schedule I and J?
  2. Does the number of dependents on Schedule I match the number in the household on B-22?
  3. In Chapter 7, does Schedule J make provision for paying priority claims that will survive bankruptcy?
  4. Does SOFA account for foreclosures, lawsuits, levies and other losses of property pre petition?
  5. Do projected budgets deal with divorce, separation or relocation?

For many things in the schedules, there is not one single way to express the facts.  Focus on getting the important information or the relevant changes on paper in a way that lets the trustee know what the story is.  Add a note or attach a schedule to tell the pertinent parts of the client’s story.

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Filed Under: Bankruptcy Practice Tagged With: clients, consumer bankruptcy law, filing bankruptcy

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