Sagaria Law, P.C. Guide to your Bring Back Appointment

Welcome to Sagaria Law, P.C.’s Guide to Your Bring Back Appointment (BBA).  This guide will provide all the necessary information to make your BBA successful the first time.  A successful BBA is the first step in a successful bankruptcy.  Please review the information below carefully and if you have any questions, please contact us.

Wait…..What is a BBA?
A BBA is an appointment where new clients provide all documentation required for the filing of a bankruptcy in United States Federal Bankruptcy Court pursuant to Bankruptcy Abuse Prevention and Consumer Protection Act (2005).  This documentation is used to accurately describe the circumstances surrounding your bankruptcy and all other relevant financial information.  This information is contained within your bankruptcy petition. 

Also, some of the documentation provided must be either filed with the Court or provided the Trustee pursuant to Bankruptcy Abuse Prevention and Consumer Protection Act (2005). 

Please remember that a more complete BBA means less documentation requests in the future.

1. Sagaria Law, P.C. Intake Packet

The first item that needs to be filled out is the Sagaria Law, P.C. Intake Packet.  This packet is for attorney use only and will not be provided to the Court.  Please provide a complete description of your complete financial situation.  If you require more space than the intake packet provides for certain sections, please print out duplicates of those sections.  A pdf version of the intake packet may be found at the link below.  Please bring a completed copy to your BBA. 

Sagaria Law, P.C. Intake Packet

2. BBA Checklist of Required Documentation

The BBA Checklist is a thorough list of documentation necessary for the filing of your bankruptcy.  Please review the Checklist below carefully and make sure all documentation and information requested is provided at your BBA.  If you are having problems with providing some of the documentation, please call us immediately.  It is essential that we only do BBA’s when all documentation and information is complete.

BBA Checklist

a. Copy of Social Security Card.
b. Pay Stubs for the Last Six Months.
c. Personal Tax Returns, with Attached W-2 and 1099 Documentation, for Previous Two Years.  This is the Full Return Including Both State and Federal.
d. Copy of Most Recent Statements for the following accounts;
i. Checking Accounts,
ii. Savings Accounts,
iii. Business Accounts,
iv. Retirement Accounts,
v. CD's,
vi. Stocks,
vii. Any Other Financial Instruments You Control. 
e. Credit Counseling Certificate
f. Most Recent State and Federal Tax Bill if you Have Owed Taxes Within the Past 10 Years.
g. Provide the Following Documents if you are Self-Employed;
i. Copy of Your Business' Last 2 Years of Federal and State Tax Returns, With Attached Schedules, if Different Than Your Personal Tax Returns,
ii. Proof of Insurance on Inventory and Fixtures if You Lease or Own a Business Property,
iii.  Profit and Loss Statement for Last Six Months. 

3. Credit Counseling Certificate

Before your case can be filed you must take a pre-filing credit course.  This course may be taken at http://www.personalfinanceeducation.com.  This course is required by Bankruptcy Abuse Prevention and Consumer Protection Act (2005).  Please make note of the website http://www.personalfinanceeducation.com because an additional course is required before final completion of your case. 
Have all certificates of credit counseling e-mailed to SagariaBK@SagariaLaw.com or faxed to (408) 279-2288 begin_of_the_skype_highlighting            (408) 279-2288      end_of_the_skype_highlighting.  For more information please, follow the instructions below.

 
 

4. Profit and Loss Statement

If you are self-employed, then you need to provide a profit and loss statement for the previous six months.  For an example of a profit and loss statement, please click on the links below.  If you need additional help, please call us or speak with your CPA. 

Business Profit and Loss Statement

Rental Property Profit and Loss Statement

5. Federal Tax Returns

To retrieve a copy of your previous tax returns please follow this link to the Internal Revenue Service website and follow the instructions.  You can order a copy of a previous years filed tax return online, by phone or by mail.  The most efficient method is to order your transcript online. 

IRS.GOV – Order A Copy of Your Tax Return 

6. Frequently Asked Questions

a. What if I don’t have my tax return?

Please order it following the instructions provided above.

b. After submitting all documents, what is the time frame until filing?

The usual time frame for completion of your petition is one to two weeks from receipt of all necessary documentation.  If more documentation is required, then this time period can be extended. 

c. After submitting all documents, what is the next step in the process?

After we receive all your documents, we will begin drafting your voluntary bankruptcy petition.  This petition will be an exhaustive look at your finances, including all liabilities and assets.  Once completed, a draft of the petition will be e-mailed to you for review along with any additional documentation requests if necessary.  Please review the petition carefully and e-mail us a list of any errors or omissions.  A signing appointment will be set where you will meet with an attorney to go over the petition one final time before signing and filing the petition.  It should be noted, that it is possible to amend a petition after filing if circumstances change or information is unclear. 

d. Why if filing my case individually do I need my spouses information?

We request information regarding your spouse for two reasons.  One, some information is required by the US Trustee’s Office and the Court.  This information must be provided or your case will be dismissed.  Second, this provides a complete picture of your financial situation so that our attorneys may provide the best possible legal advice necessary for vigorous representation.  We only provide necessary information to the US Trustee and the Court.  All other information is only used by our firm to aid in bankruptcy representation and protect your assets. 

e. I do not have my social security card.  Can I send you a copy of my birth certificate or passport instead?

No. Please visit your local Social Security Administration Office to request a new social security card immediately. 

f. Can you use Schedule C from federal income taxes as my profit and loss statement?

No.  Please create profit and loss statements in the same format as the examples provided above. 

g. I can't find a copy of my most recently filed taxes, will my W-2's work?

No.  Please follow the instructions above to request a copy of your tax returns. 

h. My name is on my daughter's vehicle.  Should I transfer the vehicle to her name?

No.  Please do not transfer any assets unless you have received prior approval from your attorney.  A transfer of property immediately before filing of a bankruptcy case is grounds for case dismissal. 

i. I do not want a particular credit card included in my bankruptcy.  Do I have to list all credit cards?

Yes.  You must list all debt in your bankruptcy including credit card debt.  Failure to list this debt is against the law.

j. Do I have to list all my vehicles in the bankruptcy?  Even if I don't want to include my car?

Yes, please list all vehicles held in your name.  This includes motorcycles, boats and any other vehicle. 

k. Do I continue to make my car payments?

As a general rule, if you wish to keep your vehicle, continue making your car payments.  If you wish to surrender your vehicle you should not make any additional car payments.  If you have any questions, please contact us. 

l. Do I continue to make my mortgage payments?

This is a complicated question different in every individuals case.  Please contact us for an answer. 

If you have any more questions concerning the Bring Back Appointment or your bankruptcy, please feel free to call us at 408-279-2288.

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