Whether a petition was drafted in your office or by a remote assistant, you are the one who signs it. A review that follows the same checklist every time is faster than rereading and catches more. Adapt this list to your jurisdiction, your trustee and your software.
1. Debtor information
- Names exactly as they appear on identification, including any other names used in the lookback period.
- Social Security or taxpayer identification numbers match the supporting documents.
- Address and county are correct, and the venue and, where relevant, the state exemption domicile make sense for how long the debtor has lived there.
- Prior filings, if any, are disclosed and consistent with a PACER search.
2. Income and the means test
- Current monthly income is built from the right six-month lookback and the right income sources, not a month of paystubs.
- The household size and state median comparison match the facts.
- Income on the means test and on Schedule I tells a consistent story, and any difference can be explained.
- Expenses on Schedule J are realistic and supported.
3. Assets (Schedule A/B)
- Real estate, vehicles, bank accounts, retirement accounts, insurance, tax refunds and anticipated claims are all listed.
- Values are supported by a source (not just a guess) and consistent across schedules.
- Anything the debtor owns jointly, holds for someone else or is owed is accounted for.
4. Exemptions (Schedule C)
- The exemption system chosen is the one available to the debtor in your jurisdiction.
- Each exemption is the one you have approved for that item, not just the software default.
- Exemption amounts are within the allowable limits, and the debtor's equity has been checked against them.
5. Creditors and debts (Schedules D, E/F, G, H)
- Every creditor is listed, including ones the debtor would rather forget: friends and family, old medical bills and collection agencies.
- Secured claims show the correct collateral, and any loans being reaffirmed or surrendered are noted.
- Priority debts, such as recent taxes and support obligations, are identified.
- Co-debtors and executory contracts and leases are listed.
6. Statement of Financial Affairs
- Payments to creditors within the lookback period are disclosed, including payments to insiders over their longer period.
- Transfers, gifts, sales and closed accounts are covered.
- Lawsuits, repossessions, foreclosures and garnishments are listed.
- Business interests, if any, are fully described.
7. Filing items and signatures
- The required credit counseling certificate is in hand and within its time window.
- Payment advices, tax returns and other documents the trustee will ask for are collected.
- The filing fee or fee waiver or installment application is in order.
- The declaration and signature pages are ready for the debtor and for you.
8. Close the loop
Keep a short list of the corrections you make most often, and send it back to whoever drafts for you. The same few mistakes tend to repeat, and naming them is the quickest way to stop them. If you work with a remote assistant, a review step like this is also the heart of supervising their work.
If you would like help with the drafting itself, browse the NAVBA directory of Virtual Bankruptcy Assistants, or request a VBA and we will point you to members who are accepting work.
This article is general information about bankruptcy practice, not legal advice. Local rules, trustee preferences and state law vary, so confirm current requirements for your jurisdiction.
