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Law Office of Gerald L. White

    

          PREPARING A BANKRUPTCY CASE

          Preparation of the case is essential to a successful result and we believe that process requires that you work directly with your attorney so that communication is as accurate as possible.  Unlike other law firms, we do not delegate attorney work to paralegals or secretaries.  The bankruptcy petition and schedules filed with the Court are usually between 40 to 80 pages long and, when you file the case, you will swear under penalty of perjury that you have listed all of your debt, all of your property, and have answered all questions truthfully to the best of your knowledge and belief.  Failure to do so is punishable by jail, fine and denial of the discharge of all of your debt!  In this firm the process has 7 steps:

          1.  The free initial consultation with one of our attorneys, Gerald White or Gary Gale.  When you call to set the appointment the staff will email you our initial consultation questionnaire with instructions to prepare a simple list of the names and amounts owed to all creditors.  The questionnaire will ask you to provide your personal contact information, a basic description of all property you own, and information about certain economic activity that may raise issues in a bankruptcy case.Your attorney will spend at least an hour, and often much more, reviewing the facts of your case and analyzing all of the bankruptcy issues raised by your specific facts.  Your attorney will prepare a written analysis of the likely results, good or bad, if you file a chapter 7 or 13 bankruptcy based on your current circumstances.  Your attorney will also identify potential strategies that may be employed to change your circumstances before filing that could improve the results. Your attorney will also identify the fees required to represent you, which will be based upon the complexity of your case and the amount of attorney time that is projected from beginning to end, and give you a breakdown of how your fees can be paid in installments before the case is filed.  We guarantee that you will not be pressured to hire us.  In fact, we welcome you to consult with other attorneys so you can see for yourself the superiority of our analysis and representation.  We also welcome your call if you have questions after the initial consultation so that you can make the best decision based on your personal goals and priorities.

          2.  Retaining us to represent you.   Once you decide that you want us to represent you, just call to set an appointment  to pay the initial installment of your fees to open a file and commence representation.  The staff will then give you a detailed set of instructions and questionnaires to collect all of the data and documents needed to prepare the case.  The staff will also set a date for you to deliver your data and documentation which will normally be a week or so before you meet again with your attorney to prepare the case.  The staff will also set the date and time for that meeting.  

          3.  Collection of all of your financial data and documentation.  In order to convince the Court that you are eligible for bankruptcy protection you will need to provide extensive information concerning your financial affairs.  You will list all of the property you own and all of the debt you owe. You will answer 25 questions concerning your financial history.  You will identify your current income and expenses.  You will provide copies of your tax returns for the last 2 years, all deeds to real property, all of the latest statements from your original creditors and any collection agencies or attorneys,  and all real estate and vehicle loan contracts or leases.  If you are employed you will provide copies of all paystubs for the last 7 months and, if you are self employed as a sole proprietor, you will provide a profit and loss statement for each of the last 7 months.  Depending on your circumstances, there may be other information and documentation that may be required.  You will provide all information by the due date set so that we can prepare a first draft of the bankruptcy petition and schedules for your attorney to prepare for the meeting with you.

          4.  Attorney review.  Once the staff prepares the first draft, your attorney will review it and all of your documentation.  Your attorney will compare the information with that obtained in the initial consultation to determine if there is new or inconsistent information.  Your attorney will then make a list of any other information and documentation that may be needed for the meeting with you and will call or email you with the list before the meeting so that you can collect it and bring it with you to the meeting.

          5.  Meeting with your attorney.  The meeting normally starts at 9:00 a.m. and your attorney will usually have no other clients scheduled that day so that there is sufficient time to review, discuss and correct the first draft so that it will be accurate as of the date the case is filed.   During this appointment a specific strategy will be set for when the case should be filed and what information or action may be necessary before the case is filed.  Your attorney will send you home with a complete copy of the corrected draft to review and a list of the information to be provided and action to be taken before the case is filed so that you are in the best position to get the best results.  You will then set a deadline to execute the strategy and provide the additional information to complete the petition and schedules for filing.

          6.  Providing additional information and executing the strategy.  Once you provide the information requested and complete any action required, we will add the information to the draft and then correct and edit the draft to be sure that we are making the clearest and strongest argument to convince the Court that you are eligible for the protection requested.

          7.  Updating last minute information and filing the case.  Some facts continue to change daily ( cash on hand, bank balances, year to date income from all sources, accrued earnings owed to you by your employer, accounts receivable etc.) so you will have to update those facts on the day you file the case so that the petition and schedules are as accurate as possible.  In the meeting with your atttorney a target date will be set for filing the case and you will call your attorney with the last minute information in the morning before you come in to sign the final draft of the bankruptcy petition and schedules.  Before you come in that morning to sign, we will correct and edit the draft to include the updated information.  Once you have reviewed and signed the final draft, we will immediately electronically file it with the Court by email.