Legally reviewed by Allen A. Kolber, Esq. - The Law Offices of Allen A. Kolber, Esq., P.C.
There are few things more stressful than racking up debt and finding yourself in a situation where you’re unable to pay it off. If this is happening to you, you’re most likely very concerned about your future. Fortunately, there are options on the table, bankruptcy being one of them. Many people are put off by the term “bankruptcy,” and understandably so; however, it’s actually an extremely viable way to fix a broken financial situation and help a person start anew. That said, bankruptcy is a very document-heavy process, which is why it’s always best to proceed with an experienced Rockland County bankruptcy attorney in your corner who knows the ins and outs of the process. Additionally, it’s paramount that you stay organized, as you’ll need various forms to file for bankruptcy here in New York State. Please continue reading and reach out to our firm to learn more about the various bankruptcy forms and how our legal team can help you through the process ahead.
What Forms Do I Need to File for Bankruptcy in New York?
Because filing for bankruptcy essentially means you’re claiming you don’t have sufficient funds to pay off your debts without assistance, you’ll have to prove as much. To prove this, you’ll have to bring forth a wide range of financial documents. Some we can help you obtain; others you’ll have to gather on your own. Just some of the documentation you will need to file for bankruptcy is as follows:
- Social Security letters
- Copies of your bills
- Property appraisal
- Vehicle purchase agreement
- Proof of car insurance
- A list of any debts/liabilities
- Credit reports
- Employer statements
- Photo ID
- Social Security card
- W2 forms
- Pay stubs
- Property tax statement
- If you’re a business owner, you’ll have to bring all financial documentation concerning your business
- Full disclosure of all scheduled payments such as pensions, spousal support, and child support
- Collection letters
- Checkbook register
- Debt settlement documentation
- Income tax returns
There is an important distinction to make, however. Everything listed above is source material that must be gathered and given to your attorney. The bankruptcy forms, on the other hand, are entirely different, as they consist of a numbered set of official documents that must be completed using that material and filed with the court.
What Is Actually in a Bankruptcy Petition?
What is commonly referred to as the “petition” is actually a packet. It opens with the voluntary petition itself, which is the document that initiates your case. Following the petition are the schedules, or a lettered series in which each letter corresponds to one category:
- Everything you own
- The property you claim as exempt
- Secured and unsecured creditors
- Leases and contracts
- Codebtors
- Income and expenses
After the schedules come the statements, which include your statement of financial affairs, and finally, whatever additional forms are required by your particular court.
Where the Forms Come From
The national bankruptcy forms are published for free by the federal judiciary, and may be downloaded and printed by anyone. There is no charge to access these documents, so there is no need to purchase a bankruptcy packet from a third party. Your attorney will prepare them for you.
Your Local Court Adds Its Own
It’s important to understand that, while bankruptcy is a federal process, each bankruptcy court has its own local rules and forms, which will vary by district. As such, a checklist written for another state may leave you missing documents.
You can reach your district’s website through the judiciary’s court finder, and local forms are usually listed under a “Forms” heading. Filing in New York ultimately means you must check the requirements of the specific district your case will proceed through. For filers in Rockland County, cases belong to the United States Bankruptcy Court for the Southern District of New York, which also handles cases for filers in Orange, Putnam, and Westchester Counties, among other jurisdictions.
How the Packet Gets Filed
Your attorney reviews the completed forms with you, you sign them, and they are submitted electronically through the court’s filing system. Someone filing without a lawyer generally delivers paper to the clerk’s office instead. Either way, the case begins when the petition is docketed, not when the forms are finished.
If you have any additional questions about the bankruptcy process or the documentation you’ll need to go through it, simply pick up the phone and give us a call today. We are here to help you in any way we can.
Contact Our Experienced New York Bankruptcy Firm
Bankruptcy, for many people, is a frightening endeavor. Fortunately, with the help of an experienced attorney, it does not have to be. If you require the services of an experienced Business Law or Bankruptcy attorney, contact the Law Offices of Allen A. Kolber, Esq. today to schedule a consultation and discuss your options. We will have your back every step of the way.
