Welcome to San Diego Legal Pros!
Thank you for placing your trust in us to handle your case. We appreciate it and are confident you have made a wise choice. We have a few documents for your review and completion as well as some important information you need to read.
Please provide all of the requested documentation as soon as you can and with as much detail as possible.
Documents
The first document is a Client Questionnaire for our use in preparing your case. Please be as thorough as possible when completing the Questionnaire so as to avoid any unnecessary questions and/or changes later. Also, if you have owned more than 5% of a business or have been an officer, director or manager of a business within the past 6 years, please also complete the document titled "SOFA Business Section."
In addition, there is a list of Required Documents we will need and which are required by the Trustee in every case. PLEASE GATHER ALL DOCUMENTS ON THIS LIST THAT APPLY TO YOU. WE CANNOT FILE YOUR CASE UNTIL WE HAVE EVERYTHING ON THE LIST THAT APPLIES TO YOU. The more complete you are with this, the quicker we can finish preparing your case. You can also read more about the required documents on my website by clicking here. Please gather these documents and send them to me as soon as possible. I realize the Questionnaire and supporting documents may seem like a lot of work initially, but please understand the information requested is required to complete your case and is the only work you will need to do other than complete the online Credit Counseling Course and attend your Meeting of Creditors. You can complete the Credit Counseling requirement at https://debtorcc.org . If you click on the link, it should automatically link you up with my account. Either way, be sure to provide them with my email address so I receive a copy of the Certificate once you complete the course. Please take this course once you have paid all of the attorney’s fees in full.
The third document is the 341 Questionnaire. This document is a Questionnaire for use by the trustee. This 341 Questionnaire will be completed more thoroughly later, but please complete a draft of it now so we can make sure we aren’t missing anything important. You can leave the first two questions blank for now as they are not yet applicable.
The fourth document, Reaffirmation Agreements Explained, describes your options for dealing with debts that are secured by property and how to handle these types of debts on the Statement of Intention that must be filed with the court. If you have a car loan, it is very important to read this document as it will answer many of your questions. Please review this document in detail and let me know if you still have any questions or if you want to reaffirm any particular secured debts. We will of course discuss this in greater detail as your case progresses as well, but I am including the attached explanation to give you a good overview of your options. Please be sure to sign this and return just the signature page to my office along with everything else.
If you are currently married (even if you are separated), but are filing your bankruptcy alone, without your spouse, you and your spouse will both need to sign the 703 Waiver. This is required of every married debtor who is filing alone.
You will also find a document called 527 Disclosures which contains some disclosures that are required to be provided to all Debtors. You do not need to return these to me.
Please return the completed Client Questionnaire and other documents to my office within 14 days (sooner if you have a lawsuit or foreclosure pending) so we can keep your case moving forward and make sure we are not missing any important issues. Once you complete everything, you can email it, fax it, mail it, or just drop it by the office. All mail correspondence should be sent to the address listed below in my signature block. The best way to get documents to us is to scan them to PDF. If you do not own a scanner, it’s very easy to scan documents using your phone.
Here are instructions as to how to scan documents:
With an iPhone: Click Here for Instructions on How to Scan with iPhone
With an Android phone: Click Here for Instructions on How to Scan Using an Android Phone
It's always best to make an appointment if you want to drop things by the office; however, if you do happen to stop by without an appointment and nobody is in the office when you come, you can just slip everything under the door and we will get it when we return. Just make sure you never slip any cash payments under the door.
On another note, it is common for people with debt issues to be harassed by creditors. It is important to note that just because you owe money to someone doesn’t mean it is ok for them to harass you. Creditors and 3rd party collection agencies often violate various laws when attempting to collect a debt. If they do, you can pursue them and likely make them pay for their violations. Therefore, in an effort to make you aware of some of the more common issues regarding debt collection matters, I have included the document titled “FDCPA & Rosenthal Act – common mistakes made by creditors.” Please read over this one-page document so you know what to be on the lookout for and how to document it so we can try to turn creditor violations into money in your pocket. I strongly urge you to contact each of your creditors (other than any creditors with whom you have incurred new debt within the last 90 days) to let them know you have retained an Attorney and provide them with my name and phone number and direct them to not contact you again. I have also attached a blank call log for you to use to document all communications with debt collectors. Please use it – you will thank me later. Be sure to also document all missed calls as well.
Another important point is that as soon as your case is filed with the court, technically all of your property temporarily becomes property of the bankruptcy estate. What this means is that you cannot sell, transfer, refinance, or otherwise encumber any of that property until your case is closed by the court or the statutory notice for an abandonment by the trustee becomes effective. In addition, you are required to maintain insurance for your property, especially your home (if you own one) and cars. If you do not have auto insurance, you should not drive any uninsured vehicles.
About 30 days after your case has been filed you will need to attend the Meeting of Creditors we discussed. It is imperative you have your original driver’s license and social security card sent to me before we file your case as they are required for this meeting. If you can’t produce both of these items, the Meeting cannot go forward and we will both have to attend a 2nd Meeting. Therefore, if you do not have your social security card, please order a replacement now, so you have it in time for the meeting.
In the meantime, if you bank with an institution that you also owe money to, it is highly recommended that you open new bank accounts right away with an institution you have no prior relationship with so as to avoid the possibility of having your funds frozen or taken by the bank. Please also be sure you are no longer using credit cards for any purpose. If any creditors are calling you, please just let them know you have retained a bankruptcy attorney and give them my number listed below, without the extension. Please do not use the toll free number anymore, as this is strictly for new callers. If you need to contact me, the best way is always by email or using the direct number found in my email signature block.
I look forward to assisting you on your path to a “fresh start.” If you have any questions or concerns while completing the Questionnaire, or any other time during the course of your case, please do not hesitate to contact me.