Your First Appointment

Prior Planning Pays! 

The initial office visit of about one hour is intended to acquaint you with basic information about bankruptcy and to assess your current financial situation in order to determine your need and eligibility for the filing of a bankruptcy case. There is no charge and no obligation for this initial consultation.

Please bring with you to the initial office visit as much paperwork  as you have available.  The more you bring with you, the better able we are to help and advise you.

If you do not have any of this information available for the initial office visit then you may need to contact your employer, human resources officer, income tax preparer, bank or credit union, service providers or other sources to request this information. Please do not cancel your appointment for your initial office visit simply because you do not have these records. We may be able to assist you in retrieving these records.

Please be prepared to pay the bankruptcy court's filing fee and our fee (or at least some portion of our fee) at the end of the initial office visit if you decide to go forward with the process. Our base fee for a Chapter 7 case is $2,000, which must be paid in full before the case is filed, although it can be paid in installments before filing. For a Chapter 13 case, the base fee is $3,500, which can be paid over time both before and after the case is filed. In certain circumstances, there may be additional fees depending on the circumstances of your case.

The bankruptcy court's filing fee for chapter 7 is $299; for Chapter 11 is $1,039.00; and for Chapter 13 is $274.00. Please note that it is unlikely that most consumers would be filing a chapter 11 case. If your need for a bankruptcy case relates to your mortgage being in arrears, you should assume that you will be filing a chapter 13 case.

1. IDENTIFICATION. The bankruptcy law requires that you provide proof that you are who you say you are. Please bring with you to the initial office visit an official photo ID (i.e., a driver's license or passport) and your Social Security card or some other proof of your social security number.  This could be a tax return or a paystub, which we will need anyway.

2. PROOF OF INCOME. The bankruptcy law requires that you provide proof of your average monthly gross income from all sources for the last 6 months beginning with the first month before your scheduled office visit. Please bring with you to the initial office visit all available pay stubs or other records of income for the past seven months to include records or receipts from employment income, tips, bonuses,  child support, commissions, spousal support, support from someone paying or sharing your living expenses, rental income, unemployment compensation, social security, retirement, pension, interest, dividends, or income form any other source. If you are filing with a spouse then you will need to provide this information for both yourself and your spouse, even if your spouse is not filing.

3. DEDUCTIONS TO INCOME. The bankruptcy law requires that you provide proof of any deductions from your income to include federal and state taxes, retirement plan contributions, retirement plan loan repayments, insurance, court-ordered payments, garnishments, and all other deductions whether voluntary or involuntary. If you have your own business, you must provide a complete listing of all of your monthly business expenses including a year-to-date or recent monthly Profit & Loss Statement for your business, if possible. Please bring with you to the initial office visit as much documentation as you have available for the last six months .

4. BANKING RECORDS. Please provide monthly statements from your bank, credit union, or other financial institution for the last six months.

5. INCOME TAX RETURNS. The new bankruptcy law requires that you provide proof of your annual gross income for the last 4 years and proof that you filed tax returns for these years. Please bring with you to the initial office visit copies of your filed income tax returns for the last 4 years. If have not filed any of these tax returns, please start preparing them as soon as possible, as you will have only a limited amount of time to file them once the bankruptcy case has been filed.

6. BUDGET. The bankruptcy law requires you to prepare a budget of your monthly household income and expenses, including those for mortgage or rent, utility services (electricity, gas, fuel oil, propane, water and sewage), telephone service, cable or satellite television service, home maintenance, food, clothing, laundry and dry cleaning, medical and dental, transportation, recreation, clubs, entertainment, charitable contributions, insurance (homeowner or renter, life, health, auto), taxes on property, alimony, maintenance, child support, etc. The budget must be based on the income and expenses of all members of the household - even those who are not filing bankruptcy. Please bring with you to the initial office visit as much documentation as you have available for the last six months.

7. CREDIT REPORT. Federal law makes you eligible to receive a free credit report annually from each of the three credit reporting agencies. Please request your free credit report online by clicking this link. If possible, save the credit report as a PDF file and email it to us before your appointment.

8. ACCOUNT STATEMENTS.The bankruptcy law requires a listing of all of your debts including those for mortgages, credit cards, medical bills, personal loans, auto loans, furniture loans, jewelry loans, lawsuits, etc.  This includes debts you owe to friends and family members!!    Please bring with you to the initial office visit as much documentation as you have available for the last 90 days on all such debts. Please remember that you must list debts even if you think you don't owe it.  If there is a dispute about a debt, we can resolve it through the bankruptcy case.

9. PROPERTY DOCUMENTS. The bankruptcy law requires proof of all contracts and security agreements including those for mortgages and leases, refinancing, transfers of ownership, time shares, stocks, car loans and leases, furniture rental and leases, jewelry loans, etc. Please bring with you to the initial office visit as much documentation as you have available for the last four years. A copy of your deed and homestead declaration (if you have one) will be helpful, but we may be able to obtain that for you. In addition, it will be helpful to have written appraisals or Broker's Price Opinions of your home and any other real property you own, if any.

10. PROOF OF INSURANCE. The bankruptcy law requires proof of insurance on all property secured by a lien, such as homeowners insurance, automobile insurance, etc. Please bring with you to the initial office visit as much documentation as you have available.

11. DOMESTIC SUPPORT OBLIGATIONS. If you are required to pay any child support, alimony, or support, please bring all documents associated with such payments, ESPECIALLY if you are behind on these obligations.

12. CREDIT COUNSELING. You must have a session with an authorized credit counselor before the case can be filed.  If you file a bankruptcy case without the counseling, your case could be dismissed.  The counselor will charge you a fee (usually about $50) unless you qualify for a free session. This is paid directly to the counselor. A certificate will be issued. Please ask the counselor to email it directly to us. Click here for a list of counselors authorized to provide sessions in Massachusetts. These are usually done over the telephone or internet.

13. OTHER DOCUMENTS. We will need to see documents for any bankruptcy you filed during the last eight years; a list of all of your addresses for the last three years; documentation of any felony conviction, money or property received from a trust or probate estate, Educational IRAs or tuition programs, divorce or probate matters, etc.

The Law Office of David G. Baker may be a debt relief agency as defined by the amendments to the Bankruptcy Code that became effective on 17 October 2005. 

This information is intended to help you understand your obligations under the new law and to help ensure our compliance with the new law. 

Please read all of the information carefully and follow all instructions to the best of your ability.

PLEASE NOTE:  Nothing on this page or this website is intended to constitute legal advice.  Your circumstances may be different, so call us or another lawyer to discuss your particular situation BEFORE taking any action! 

 

 There are some things you should NOT do before filing a bankruptcy case.  Click here to read about Mistakes People Make.