Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.
- Bankruptcy is a legal process, not simply a way to erase debt.
- Not every debt is treated the same way.
- Some debts may survive the bankruptcy process.
- The choice of bankruptcy chapter can materially change the outcome.
- Eligibility requirements matter.
- Your assets matter.
- Your income matters.
- Your household circumstances may matter.
- Recent financial transactions can receive scrutiny.
- Transfers of assets before filing can create serious problems.
- Accurate disclosure is critical.
- Hiding assets can create severe consequences.
- Filing bankruptcy can have significant credit consequences.
- Bankruptcy does not necessarily stop every type of legal obligation.
- Secured creditors have rights involving collateral.
- Co-signers and guarantors can create additional complications.
- Bankruptcy may affect a spouse differently depending on circumstances and jurisdiction.
- Attorney fees are only one part of the economic cost.
- Court costs and other expenses may apply.
- A lawyer promising a guaranteed result should trigger skepticism.
- A lawyer should explain alternatives, not merely sell bankruptcy.
- You should understand what happens to your home, vehicle, business and other major assets.
- You should understand which debts are potentially dischargeable and which may not be.
- Do not wait until an imminent foreclosure, lawsuit or levy without understanding the timing implications.
- The most important question is “What exactly happens to my assets and debts if I file?”
B. PREMIUM BUYER CHECKLIST
YOUR FINANCIAL PICTURE
☐ Complete creditor list
☐ Secured debts
☐ Unsecured debts
☐ Tax debts
☐ Student/education-related debts where applicable
☐ Lawsuits
☐ Judgments
☐ Collection accounts
☐ Monthly income
☐ Monthly expenses
☐ Assets
☐ Retirement accounts
☐ Real estate
☐ Vehicles
☐ Business interests
LAWYER
☐ Licensed in relevant jurisdiction
☐ Bankruptcy specialization/experience
☐ Experience with cases resembling yours
☐ Actual attorney handling case identified
☐ Fee structure in writing
☐ Court costs identified
☐ Additional services identified
☐ Communication process established
ALTERNATIVES
☐ Negotiation
☐ Payment arrangements
☐ Debt management
☐ Debt settlement
☐ Sale of assets
☐ Restructuring
☐ Bankruptcy
ASSET TEST
For every significant asset:
☐ Current value
☐ Amount owed
☐ Equity
☐ Ownership
☐ Potential treatment under applicable law
DEBT TEST
For every significant debt:
☐ Creditor
☐ Balance
☐ Secured/unsecured
☐ Status
☐ Potential treatment
☐ Co-signer/guarantor
RED FLAGS
☐ “Guaranteed discharge”
☐ “Everyone qualifies”
☐ Pressure to file immediately
☐ Refusal to explain alternatives
☐ Unclear fee agreement
☐ Instructions to omit information
☐ No explanation of asset consequences
FINAL QUESTION
What will my financial life look like 12 months after filing—not merely the day I file?
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