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

 

BANKRUPTCY FORMS

Providing me with the completed forms (below) will greatly assist me in my consultation with you in determining your eligibility to file bankruptcy. Please read the instructions below regarding filling out these forms. 

Before downloading and completing the forms below, print out this page for reference, and make sure you have read my consultation page. Click here to read the consultation page.

Print and Complete the following: (Choose one of the following formats):

1. Word Perfect Format; OR
2. Microsoft Word Format

Instructions for downloading the Microsoft Word Forms: 
When downloading the forms, you may get a message that says something like "this is a mail merge document", with two buttons below it saying "find data source" and "options". Just click on "options" and then "remove data/header source". This should allow them to print out properly. Do not click on the "find data source" button!

If you are unable to print out or download the forms, 
then e-mail me, or call and I will send you a copy by fax or regular mail.

Instructions for Completing the Forms:

You should be able to edit the forms directly in your word processing program, but you may, of course, also print them out and complete them by hand. (But if you want to e-mail them back to me, you would need to complete them on your computer).

Monthly Income Form (Section 5):

If you are married and filing this bankruptcy individually, you must include your spouse's income (and expenses). Put it in the separate "spouse" column. 

Please read the questions carefully and put down the amounts asked for.  For example, if it asks for an amount from your paycheck, don't put down a yearly or monthly amount (unless you only get paid once a month or once a year).  The form is designed to make it easy for you to list this information.  All you have to do is take it straight off your latest paycheck stub.  If your income varies from paycheck to paycheck (because, for example, you work more hours sometimes, etc.) then please do an average of the last 6-12 months.  If it is later in the year, this is easy, as you can just take the year to date income and payroll deduction figures and divide by however many months the paycheck is for.  If it is early in the year (say, before June), then you may need to go back to last year's income to calculate this.

If you are self-employed, a corporation or partnership, or derive income other than from a standard regular paycheck, your figures should be based on prior months' income and expenses, reaching an average figure that you believe you will have for the next 12 months. Usually, using the last 6 or 12 months as an average works well.  Please do not just guess at the average.  You should actually add up your gross receipts for the period and then divide by the number of months you are using.  It would help if you actually itemized the receipts by month.  If you have business expenses that offsets your income, you should calculate those the same way and list them in the expense form where it says "expenses from operation of business".

Monthly Expense Form (Section 6):

Make sure on the expense sheets that you include all your average monthly expenses. These should be what your expenses are right now. If you expect them to change in the near future, you should let me know.

Put down what your expenses would be normally if you could afford it (for example if you didn't have your credit cards to pay). Not all expenses will be allowed, but part of my job will be to make that determination.  Obviously certain expenses are fixed, such as your rent, car payment, insurance payments, etc., but if you have gone without medical insurance, for example, you may wish to get some before you file as it could improve your overall bankruptcy position. Be sure to include all expenses.

You do NOT need to include credit card expenses or expenses on other debts that will be discharged, but if you are unsure, just list them in the "other" category. If you have expenses but haven't been paying them, you should still include them.

You may need to add a sheet to put in categories that you do not see, although usually everything can be placed into one of the categories on the sheet. Think carefully about everything you spend, or will be spending, money on throughout the year, then average it on a monthly basis.