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Filing for Chapter 7, must I include bank statements with my filing?

Los Angeles, CA |

Filing for Chapter 7, and would like to know what paperwork must be included with filing bankruptcy. Thanks for your time.

Attorney Answers 6


  1. No bank statements are required as part of the filing documents. However, if you are self employed, the Trustee may legitimately request all kinds of documents including bank statements at the Meeting of Creditors. Also, you need to obtain the first half certificate of financial counseling as part of the filing documents. Your question tells me you're intending to try doing it yourself. You are getting into a difficult and complex matter and you should really obtain help from an experienced attorney, even if only paying for it on an "as needed basis". I offer a free consultation if you want to ask more questions.


  2. The bank statements are not filed with the paperwork to the court - they are given to the trustee. I would strongly suggest you hire an attorney - there are a lot of issues that you'll need help with to resolve and perform properly.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.


  3. In addition to the bankruptcy petition and schedules, you will need to file the pre-filing credit counseling certificate and payment advices with your bankruptcy filing. You might have to provide the Ch 7 trustee with copies of bank statements if they are requested. You would be best served if you speak with a bankruptcy attorney rather than trying to file on your own.


  4. This should help you get started: http://www.cacb.uscourts.gov/node/587. There's more info on the court's website. Good luck.


  5. You do have to list your bank accounts on Sch B. No do not include your bank statements. You will have to file 60 days of most recent pay check stubs with the petition.


  6. Threshold requirements for evidentiary-supporting-documentation vary by bankruptcy district, with which practiced local bankruptcy counsel will be familiar. A bankruptcy lawyer will compile and annotate the documents so as to best satisfy explicit and implicit requirements, as well as individual trustee preferences and deadlines. Insufficient (or excessive) documentation causes delay and burden; paperwork isn't an idle afterthought, even if it's directed to the trustee rather than to the bankruptcy court docket. Depending upon case-by-case needs, additional documentation may be required beyond the scope of the initial supporting documents checklist. In other words, every fact in one's bankruptcy petition must be supported by the record, even if the relevant record isn't initially called for. If one has skeletons, report them in advance to your bankruptcy attorney (or the police if said skeletons are the literal kind you find under your basement slab). Your San Diego bankruptcy attorneys watches way too much CSI. Our bankruptcy blog archives include the following fun-filled pertinent article for the bankruptcy client: "Due Diligence or: Why Do You Need So Much $#*! From Me?"

    This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn’t address all facts & implications of the question; it’s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It’s independent of other answers. It may be time sensitive, as in past the “Use by” date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.

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