A petition is only as good as the documents behind it. When a file arrives incomplete, drafting stalls, questions pile up and the filing date slips. A standard intake checklist, given to the debtor at the start, prevents most of that. This is a general list; your attorney, trustee and local rules decide what is actually required.
Identity and household
- Government-issued photo ID.
- Proof of Social Security number.
- Names of everyone in the household, and any other names the debtor has used.
- Addresses for the past several years, with dates.
Income
- Payment advices (paystubs) for the period the attorney specifies. The law asks for those received shortly before filing.
- Records of every other income source for the six full calendar months before filing: self-employment, rental income, pensions, benefits, unemployment, support and regular help from others.
- Profit and loss statements for any business.
- Recent tax returns. The most recent return generally has to go to the trustee before the meeting of creditors, so it should be available early.
Bank and financial accounts
- Statements for each checking, savings, and other account, for the period the attorney specifies.
- Retirement, investment and brokerage account statements.
- Statements for any accounts that were recently closed.
Property
- Deeds, mortgage statements, property tax bills and any recent appraisal for real estate.
- Vehicle titles and registrations, loan statements and a source for current value.
- Life insurance policies with cash value.
- Information on anything valuable: jewelry, collectibles, firearms, tools, equipment.
- Any inheritance, expected refund, lawsuit or other claim the debtor may have or be owed.
Debts
- Statements or letters for each credit card, loan, medical bill, collection account and personal debt.
- A copy of a credit report, which can reveal debts the debtor forgot.
- Court papers for any lawsuit, judgment, garnishment, repossession or foreclosure.
- Records of back taxes, student loans and support obligations.
- Leases and contracts that are still in force.
The past: for the statement of financial affairs
- Large payments to creditors in the months before filing, and any payments to relatives or friends.
- Property sold, given away or transferred in the lookback period.
- Information on any business the debtor owned or was involved with.
Filing requirements
- A certificate that the debtor completed credit counseling with an approved provider, within the time window the law requires before filing.
- The filing fee, or the paperwork for a fee waiver or an installment arrangement, as the attorney directs.
Make intake easier
- Give the debtor the list on day one, with a plain-language explanation of why each item is needed.
- Set a deadline and follow up. People procrastinate when they are stressed, and bankruptcy is stressful.
- Review documents when they arrive, not at drafting time. It is much easier to ask for the missing statement now.
- Keep files organized and secure. These documents contain sensitive information, so see our article on protecting debtor data.
If you hand off drafting
A complete file is what lets a Virtual Bankruptcy Assistant return a clean petition quickly. Attorneys can browse the NAVBA directory or request a VBA. If you want to do this work yourself, learn more about joining NAVBA.
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.
