Perkins Law
Small Business Advocate

Level The Playing Field

 

General Information
What you Need for a Consultation
Which Chapter is for you?
     Chapter 7
     Chapter 13
     Chapter 11
Are you a Creditor?
Costs and Fees
Why You Need an Attorney
Which Debts Can Be Discharged?
Consultation Forms 
Making Payments 
Feeling Guilty? 
Notes on California Foreclosure Law
 
How the Process Works 

Louis Perkins Homepage

 

What you need for a bankruptcy consultation

A consultation is the first step in determining whether bankruptcy is the best solution for your financial problems. In order for me to accurately assess your situation, I need as much relevant information as possible.

Free phone consultations are only given for potential clients. and is limited to debtors who live in California (or have lived in California for the greater part of the last 6 months than they have lived anywhere else) or to creditors who are owed money by a debtor who filed bankruptcy in California.

Most of my initial consultations are done by telephone. In 99% of the cases this is the preferred method of my clients and it is easily the most efficient way to determine if you are eligible for bankruptcy and under what chapter (of course, if you prefer an office consultation, that is fine too). You do not need an appointment to call, although if I am busy or not here, we may need to schedule a more definite time to talk.


If you are a debtor, (you owe money and are seeking to discharge the obligations in bankruptcy) you will need to have the following information and be ready to discuss and release this information at the end of our consulation. "Ready to discuss" does not mean that you must have all this information written down and sent to me, although you can).   Please make sure the information you have is accurate.  If you give me estimated figures, I can only give you estimated advice.

The following is basic information I will need for a consultation for individual debtors or sole proprietorship businesses.  If you are a corporation or partnership, please ask me what will be needed.

         1. The amounts owed by type of each of your debts (i.e., types such as credit card debts, loans, taxes, medical, whether the debts are secured or unsecured, taxes, employee wages, etc.) and the status and history of your payments on each (when you last made a payment, are you current, etc.)

        2. When you last incurred any of the above debt (for credit cards and loans, I particularly need to know the amount of purchases, cash advances, or balance transfers that have been made in the last 6 months).

        3. The value of each of your assets.   An asset is anything that you own, have a right to own, or have an interest in. It includes the obvious such as household items, vehicles, real estate, stocks, money in bank accounts, etc. as well as retirement accounts, insurance, your interest as a beneficiary in someone's will, interests in businesses (corporations or partnerships), etc. Valuations should be done based on what you could sell the items for today, not what you paid for them.

        4.  If you own real estate, I need to know for each property:

                A. Its current fair market value; 
                B. The current amount owing on each trust deed, mortgage, lien, or
                     encumbrance against it; and,
               C. The date the property was purchased. 
               D.  If you receive rental income, I will need information on 
                     rental income received.

        5.   Whether you have been a party to a lawsuit in the last year and if so,
              all the details and current status of the case.

        6. Your estimated monthly income and expenses. For this, I request that you first download and complete the two forms I have on my FORMS PAGE and either e-mail, regular mail, or fax it to me in advance to PHONENUMERHERE. These two forms are not mandatory for the initial consultation, but are critical in my making an accurate determination of your best course of action as well as what bankruptcy chapters you will be eligible for (so it is best if you can fill the forms out and get them to me prior to our consult).  Click here to go to my forms page.

Please Note:  Completing the above forms and putting together the necessary information is not a punishment. I am not requesting this out of some sadistic desire.  I realize it is often time consuming and emotionally painful to put some of this information together, but it is honestly necessary to properly evaluate your situation and options.  In fact, many clients find it quite illuminating and it is something you probably should do regardless of whether you decide to pursue bankruptcy or not.

If you are a creditor (you are owed money by someone who has filed a bankruptcy in Sacramento and the surrounding area Please just have as much information as you can about the bankruptcy case you are calling about (such as the Chapter filed, case number, copies of the petition and schedules, notices, etc.).