Bankruptcy

We provide legal advice and represent clients in north Alabama in Chapter 7 and Chapter 13 Bankruptcy cases. We have represented clients in Chapter 7 and 13 for over 20 years and provide a free consultation. We have also provided useful information in our Frequently Asked Questions section for your review.

A list of everything that is needed to file a Chapter 7/13 is listed below for your convenience.

PLEASE BRING, MAIL, EMAIL OR FAX THE FOLLOWING INFORMATION TO US, WE WILL NEED IT TO COMPLETE YOUR CASE.

If you have questions, please call us at 256-718-2311. Fax 256-718-2377 Email: legal@smithbankruptcy.com    Mail: Damon Smith Attorney, 126 East Tennessee St. Florence, Al. 35630.  You may also make payments to me at www.smithbankruptcy.com for CH7/13 if that is easier for you.  If emailing tax returns, pay stubs or bank statements send as PDF.

  1. Please provide Driver License and Social Security Cards for you and your spouse if you are filing jointly.  (Replacement Social Security cards can be obtained at 203 S. Walnut St., Florence AL 35630 if needed).
  2. If anyone has sued you or garnished your wages we will need a copy of the documents you or your employer received from the court to stop the lawsuit or garnishment.  Also if you own or are buying land and you have been sued and a Court Judgement has been issued, you must bring in any judicial liens to enable us to avoid the Lien if possible. If you think you might have any judicial liens go to your county courthouse in the county where you live and  also any other counties where you have real property, land or a house and ask the Probate office whether there are any judicial liens against you. Please ask the probate office to look this information up and and to provide you with a copy of any judicial liens with the plat and page number stamped on them.  The reason we are bringing this to your attention is that if any judicial liens are not taken care of now, then your real property can be encumbered down the road and the debt would have to be paid either when the property is sold or the creditor could also try to seize your real property to try to satisfy the lien.
  3. Please provide the 2 most recent pay stubs received  by you or your spouse, or a statement from your employer that states your income for the last 60 days. We will also need your spouse’s information even if they are not filing with you because the Court requires us to show household income. If you or your spouse receive  SSI, a pension or unemployment please bring any document showing how much you or your spouse receive monthly.
  4. If you or your spouse are unemployed please sign the affidavit provided and return it to us.
  5. If you can or are suing anyone or will be receiving a financial settlement check for any reason outside normal  income. we will need the case number and attorney address if you have one or the insurance company and adjuster contact information. This would include car wrecks, insurance payments etc. Also if you have or will receive an inheritance I will need to know details including the value and type of property to be received.
  6. If you are paying child support I will need the other parents name and address and the address where the support is paid.
  7. If you have not given us your last two years of tax returns please bring, mail, email or fax them to us within the next few days. If you do not have them they may be obtained in about 15 minutes for free by going to the IRS office located at 204 South Walnut Street Florence Al. 35630 or calling them at (256) 764-6731 and asking for your tax transcripts for the last two years or by going online at www.irs.gov/Individuals/get-transcript.  If you do get them online you may save the document as a PDF and email it to me if you wish at legal@smithbankruptcy.com. The IRS office is about 3 blocks from this office. YOU MAY ALSO HAVE YOUR TAX PREPARE EMAIL OR FAX THEM TO US.  Also, if you have not filed taxes and had taxable reported income please go file your last 4 years of taxes immediately because the case will be dismissed after the meeting of creditors if they are not filed. Also we can pay a company $15 to get them for you.
  8. Please provide one recent complete bank statement for any open checking and savings accounts in your name(s).
  9. PLEASE MAKE A LIST OF DEBTS THAT MAY NOT APPEAR ON YOUR CREDIT REPORTS AND ATTACH THEM TO THIS PAGE   Please add an extra sheet of paper with the name and address of any debts that might not be on your credit reports. Examples: Pay Day Loans, Check Cashing Loans, Small Loan Companies, Title Loans, Debts made recently.   Please also add information showing any child support payees name & address, inheritances you expect to receive, potential recoveries from car wrecks or personal injury cases or Insurance settlements etc..
  10. PLEASE LIST ANY REAL ESTATE OR AUTOMOBILES ON THE BACK OF THIS PAGE .
  11. If you have a 401K loan on your wages please provide Balance owed $_____  Month____ & year ___of loan payoff If you have a 2 nd 401K loan on your wages please provide Balance owed $______ Month____ & year ___of loan payoff
  12. To get the case filed I will need the following:    CH 13____ $90 CH7 Payment Plan Available.

Please add any other secured debts on a separate sheet. Please list: items, balance owed, creditor name /address Example: furniture & appliances,  $3400,  Badcock Furniture 126 Pine St., Florence AL. 35630,

Please add an extra sheet of paper with the name and address of any debts that might not be on your credit reports. Examples: Pay Day Loans, Check Cashing Loans, Small Loan Companies, Title Loans, Debts to an individual,  Debts made recently. (example  Republic Finance, 126 E. Tennessee St. Florence Al 35630, about $500

Please also add information showing any child support payees (parent) name & address. Please also add a sheet showing any inheritances you expect to receive, potential recoveries from car wrecks or personal injury cases with the name & address of your attorney  if any and also any Insurance proceeds or other funds you expect to receive