CHAPTER 7 "CORE SERVICES"
"Core Services" are all the actions we must take to represent you in even the simplest of cases.
To give you an idea of what is included in "Core Services", here are 2 of the checklists we have to complete in every Chapter 7 case.
As you can see, the work involved is daunting. We do it so you don't have to. We make it look easy so that you can focus on your future. rather than the challenges of the process.
Chapter 7: CASE OPENING CHECKLIST
Instructions: "X" each of the following steps as completed.
[ ] Set up a manila folder:
[ ] Completed interview: Check to make sure that the Interviewer’s Form indicates both that the Initial Interview is “Complete” and that “Subject to attorney review, filing appears advisable. If not, check with the Interviewer before proceeding.
NOTE: There have been times when a prospective client will come back in wanting to proceed with a filing, where the Interviewer either did not complete the interview or did not recommend (subject to an attorney) filing.
[ ] Acknowledgment of Receipt of Mandatory Notices: Make sure you see in the paperwork this form signed by one of the client(s). If NOT, email the client(s) a full set of the corresponding Notices and have the client(s) acknowledge receipt.
NOTE: These notices can be found in the HotDocs library by searching on this word “Mandatory”.
[ ] Update TimeMatters “Contact” screen info: Find the client’s “Contact” record in TimeMatters. Change the “Code” to .CLI client. Update the client’s Contact screens to make sure we have complete and accurate information.
NOTE: Make sure you pull up the correct “Contact” record, in case there is more than one client with the same name, or in case this client filed with us previously.
NOTE: Make sure you do NOT accidentally change or update the client’s “Contact” record regarding any “previous” bankruptcy filing.
NOTE: Please add in each client’s middle name (if they have one), as it makes it easier to identify which client is the correct one, especially for common last names (like “Smith”)
[ ] Create New “Case” in TimeMatters: Create a new case in TimeMatters, linking it to the client’s “Contact” information, by doing the following:
[ ] At the “Case” list screen in TimeMatters, click on the small square just above the list with green “[” on it. This is the “Add Record” button. Clicking on this while you are in the “Case” list will add a new “Case” record. Then, using the “sunshine” button at the top, pick the correct type of case and office. Then, type into the “CaseRef “ the client’s last name, then comma, then the client’s or clients’ first names (If there is just 1 client, also type in the client’s middle name or middle initial. Example: “Smith, John Lawrence”. Doing so will make it easier to find this client is there is more than 1 client with the same first and last name)(If there are 2 clients, type in between the 2 first names the word “and”. Note: Do NOT use the “&” symbol). Then, put your cursor in the “Client” field, and then, just to the right, you will see a small square with arrows in it. You can either click on this square or hit “F2" on your keyboard to bring up a list of clients. Search for the client’s name and select it. (CAREFUL: Make sure you pick the correct client. There are many client who have the same name.) Doing so will link the client’s “Contact” screen to this new “Case”. Then proceed with your normal procedure to fill out the other fields for which there is information available to complete the creation of the new case for this client.
[ ] HOT and WAIT issues: I made absolutely sure that HOT and WAIT issues were set up and reflected in TimeMatters, so that we never miss paying attention or overlook these issues.
NOTE: These issues are critical. If you don’t know what to do, check with a more experienced paralegal. You may want to mention and stress the importance of these issues in your conversations with the client(s).
[ ] Case Opening paperwork: Using HotDocs, drafted the Esign versions of the Case Opening Forms (Part 1 and Part 2).
NOTE: Part 1 will produce the following forms: (1) This Case Opening Opening Checklist, (2) Necseesary hang-out tabs (3) Important Notice to Processor Re: Pending Foreclosure (if applicable) (4) Attorney Recommendation, (5) Attorney Certification, (6) Status of Attorney Recommendation and (7) Missing Items at End of Retainer Appointment.
Part 2 will produce the following forms: (1) Client Authorization (our fee contract), (2) Things To Do form (if not already done by Interviewer), (3) $0 Money-Down Plan Understanding (if applicable) (4) Debt-Buster Plan Understanding (if applicable), (5) Why I Chose To File Bankruptcy Under Chapter 13 (if applicable) (6) Payroll Deduction Information Form (if appliciable) (7) All Further Payments Notice (for non-$0 Money Down cases) (8) Credit Report & Information Database Authorization(s)
[ ] IMPORTANT: I checked each document in Part 2 for correctness and in Microsoft Word, completed all sections not already completed.
NOTE: HotDocs fills in most blanks, but not all of them. The rest must be completed with the document dumps out in Microsoft Word.
[ ] I converted the Part 2 documents to .pdf format
[ ] I called the client(s) to explain the procedure involved in getting started.
[ ] Unless the client(s) completed their IC interview in the last 2 or 3 days, just to be sure, while on the phone with the client(s), I ALSO asked the client(s) these questions: Important: [ ] Has there been any changes in their situation, income, expenses, debts or property since the Interview was completed? [ ] No major changes. DONE [ ] There have been major changes in their situation, property, income, debts or expenses?
IMPORTANT: If you see what look like major changes, STOP and please adjust the paperwork accordingly. If you are not sure what to do, or whether a change is major, or if the changes seem to negatively affect the filing, or you just have concerns, please check with a more experienced Processor, the Interviewer or an attorney either before or after the Case Opening, depending upon how major the changes seem to be. Major changes can make filing no longer advisable or too expensive for the client(s).
[ ] All major changes have been noted in the file and on the paperwork.
[ ] Filing under the same chapter is still advisable.
[ ] Filing is no longer advisable.
[ ] Other? (Explain) ____________________________________________
Examples Of Major Changes:
(1) Increase in the amount the clients are behind in their home.
(2) Increase in the amount of overdue taxes
(3) New cars or homes
(4) Substantial increase or decrease in household income or expenses. (May need to run Means Test again.)
(5) Big increases in credit card or other debts since they were in before.
[ ] I then opened Eversign, uploaded the finalized Part 2 documents. I then:
[ ] Input the names and email(s) of the client(s),
[ ] Entered a title for the documents (which will be the title for the Eversign email)
[ ] Entered a message (to the clients)
[ ] Clicked “Prepare” [ ] Quickly reviewed the documents as prepared
[ ] Then, clicked Send , to send the documents to the client(s) for Esignature.
IMPORTANT NOTE: Each client must have a unique email. That is, you cannot email 2 clients using the same email address.
[ ] On the phone, I went over and explained what each document is for, why it is important, and to make sure the documents are correct and complete.
[ ] Everything went well and the client(s) seemed to understand everything.
[ ] No changes were needed OR
[ ] Needed changes or corrections to the Part 2 documents have been made AND the revised documents were resent to the client(s) for Esignature.
[ ] The Part 2 documents have been Esigned by ALL clients.
[ ] Attorney Recommendation & Attorney Certification: I separated out from Part 1 the Attorney Recommendation and Attorney Certifications forms, saving them as their own document in TimeMatters.
[ ] BeBack Paperwork: By email: [ ] Bankruptcy Questionnaire: I emailed the client(s) a copy of our Complete BeBack Questionnaire (Part 1 & 2), and one of our debt forms, in pdf format
[ ] I also included a copy of the "Property" and "Debts" forms which I “extracted” out of the Interview paperwork scanned into the client’s Case file in TimeMatters. Note: If you don’t know how to extract these forms out of the Interview paperwork, please contact Kelli Stanley in the Garner office. Her email is kstanley@johnorcutt.com.
Using Eversign program:
[ ] I opened and logged into the Eversign program.
Note: To do so, go to the Eversign website: https://orcutt.eversign.com/
Login using your user name and password.
Note: If you do not have one, call or email Kelli Stanley in the Garner office. Kelli’s email is: kstanley@johnorcutt.com
[ ] I then clicked on “Templates” choice and picked the template called “Instructions and Questionnaire”.
Note: This includes a set of instructions for the client to sign, along with a copy of our complete Bankruptcy Questionnaire.
[ ] To the right, I clicked on “Use Template”.
Note: We now need to append a copy of the “Property” and “Debts” forms filled out by the client and updated during the initial interview. This may already have been scanned into the client’s Case file in TimeMatters. If not, please do so now.
[ ] To append a copy of the “Property” and “Debts” form, click on “Choose Files”, do the following:
[ ] In the client’s Case file in TimeMatters, I found and opened Interview paperwork. I then “extracted” the “Property” and “Debts” sheets to creat a new PDF file, which I then saved to my “flash” drive.
[ ] Back in Eversign, I clicked on “Choose Files”. I then navigated to my flash drive and clicked on the new PDF file, and then clicked “Open” to append them to the Questionnaire.
[ ] I then entered the client’s name and email address. In the “Signer” boxes. Note: In most cases, there is no need to add a second “Signer” since, in most cases, the client(s) only need one copy of the Questionnaire.. However, in a joint case, you may want to add the second client as a person to “CC”. Your choice.
[ ] In the upper right corner, I clicked on “Send” Note: There is no need to “Prepare” this document. It was already “Prepared” as a “template” in Eversign .
[ ] I have been notified that the client has Esigned the Instructions and therefore received the Bankruptcy Questionnaire.
[ ] On the phone with the client(s), I had the client(s) open these forms, and I then went over each for and what to do.
NOTE: Make sure you go through checkoffs on 1st and 2nd pages of the Bankruptcy Questionnaire. Stress the importance of the Bankruptcy Questionnaire and the need for complete and accurate information.
IMPORTANT: Tell clients we want ALL the bills and collection letters, no matter how many, including duplicates. Why? Because there may illegal items in the collection letters that can give us the right to make the bill collectors pay the client up to $1,000 per letter. The more bad acts by bill collectors, the more money we may be able to collect for our clients. Talk about happy clients ready to spread the work that “John Orcutt” is the “goto-guy” for debt relief?
[ ] I verified that the client is able to print out these form (for the purpose of filling it out) OR that the client knows how to fill out the forms “online”, without printing them out. OR
[ ] Client(s) do NOT have any way to print them out or to fill them out “online”
[ ] I have “mailed” to the client a copy in the forms.
[ ] Follow up date: On the phone with the client, either set a date for completion of the Bankruptcy Questionnaire, OR tell the client to get back in touch as soon as it is done.
[ ] I set a follow up date for the client(s) in TimeMatters.
[ ] Attorney Recommendation and Attorney Certification forms: Left inside the manila folder for the attorney to sign.
[ ] Necessary Federal and State tax returns:
[ ] The client(s) have in their possession a FULL copy of ALL necessary Federal and State tax returns to provide us.
[ ] Client already knows or believes that some of the documents will or may be missing: Therefore, at the Case Opening appointment, I prepared and had the client(s) sign the necessary IRS Request form (the one we send to Piedmont Tax Clinic) to request “tax transcripts” for the required years.
Money handling and accounting (Chapter 7):
[ ] Create BKE Billing Statement: Highlight the client’s case in TimeMatters “Case” list. Then, in navigation bar on left-hand side, click on “BKE Billing” Power View. Then, in the Power View, do the following:
[ ] In the blue colored header, click on the words “Chrg/Pay”. This will take you to the section of the Power View which lists all possible types of charges, expenses and payments that you can choose from. Using the “Computing Attorney Fees” page of the “Interviewer’s Form” as a guide, please do the following: NOTE: If something on the “Computing Attorney Fees” page does not make sense to you or is not crystal-clear, please check with the Interviewer or an attorney.
[ ] In the “Attorney Fee” section, click on “Ch. 7” and add an entry for the full amount of the attorney fee.
[ ] In the “Attorney Fee” section, IF AND ONLY IF the “Computing Attorney Fees” page provides for a discount (other than the one at the bottom of the page), click on “Credit - Client”. Fill in the type of discount in the “Description” field and input the amount of the discount.
[ ] In the “Filing Fee” section, click on and add and entry for “Ch. 7"
[ ] In the “Expenses” section, click on and add an entry for “Credit Counseling - 7"
[ ] In the “Expenses” section, click on and add an entry for either “Credit Report” or “Credit Report - Joint” (depending upon whether this is a single or joint filing) [ ] In the “Expenses” section, click on and add an entry for “Judgment Search (one)” or “Judgment Search (two)”, depending upon whether we are doing 1 or 2 judgment searches.
[ ] Get the initial deposit from client.
[ ] Then add the following entry on the BKE Billing Statement: In the “Payments” section, pick “From Client”, fill in the amount, office, method of payment, etc.
NOTE: Make sure that you enter into TimeMatters the correct amount of total attorney fees and all the costs being charged. NOTE: You can click on the “BKE Billing Statement” Power View to make sure that your entries make sense and add up properly.
[ ] Print out 2 copies of the completed BKE Billing Statement (one for the client and one for bookkeeping).
[ ] Give client a copy of the BkExpress Billing Statement.
[ ] Payment by cash/check/money order/bank check: Take the deposit, plus the other copy of the BkExpress Billing Statement to the staff person assigned in your office to receive money. Give the deposit to this person. The, both you and said person need to “sign” your initials, respectively, on the copy of the Billing Statement. Then, both you and said person need to sign (full names this time) the Control Sheet (which is kept by the person who accepts money), where indicated, but only after said person fills in the Control Sheet with the client name(s), date, chapter and amount of the deposit. Note: Said person will keep the copy of the Billing Statement.
NOTE: These procedures are set up to protect you, in case money comes up missing.
NOTE: Debit card payments: Procedure does NOT apply if the client makes a payment using our online Debit Card form (located on our website).
Client Follow-Up:
[ ] Unless there is a specific reason not to do so, try set up a specific BeBack date for the client. Make sure you do one of the following, whichever applies.
[ ] Specific Be Back Appt. Set: Set up a BeBack appt on the assigned Processor’s calendar using the “Bring Back Appt” autoentry for your office. For example: For the Raleigh office, you would pick “Bring Back Appt - Raleigh” [ ] Write the date and time on the inside of the client's yellow folder.
OR
[ ] No specific BeBack Appt Set: Create a “Client F/U (Post Case Opening)” ToDo in client’s TimeMatters “Case” to insure necessary follow up, so we don’t lose track of the client’s case.
How to create a ToDo: There are a number of ways to do this. Here’s one: While you have the client’s “Case” open in TimeMatters, click on the “ToDo” tab. Then click on the green “+” sign to add a record. Click on the “sunshine” button and pick the “Client F/U (Post Case Opening)”(See*) autoentry. Then, first, in the “F/U Date” field, pick an appropriate follow-up date.(See**) If there a some specific urgency or deadline, add a date to the “Deadline?” field. Add any necessary notes. Important: If you are NOT going to be the Processor on the case, make sure you change the “Processor” field (the “Staff” field renamed) to include the name of the Processor being assigned(see ***). Lastly, put your name in the “Created By” field. The, click on “Save”.
* This is a new “autoentry” form to be used.
** This will usually be less than 15 days out, unless you know of a specific reason to pick a date farther out. In a $0 Money-Down case, it will be less than 15 days to comply with the 15 day $0 Money-Down rule.
*** If you do not change the “Processor” name to the name of the Processor assigned, this important ToDo will NEVER appear on that Processor’s ToDo tabs for follow-up, making it more likely we will lose track of this case.
Putting residual documents in order for scanning and scanning:
[ ] Put documents in the proper order for scanning: After the Case Opening (the retaining appt.), put any as yet unscanned paper documents in the proper stacking order for scanning. This is a 2 step process: (1) First, documents should be grouped together to match up with their correct scanning “Doc Type” and (2) Second, you must put the documents in the correct order for each of those “Doc Types”. Doing so will make scanning easier and it will also make it much easier for you and the rest of the staff to find specific documents later on.
NOTE: Use the document called Pre-Filing Document Types (For Case Opening Completion Scanning Stage) as your guide.
CAUTION: You must to know what each document is in order to assign it the correct doc-type. Also, please note that many of the “doc type” categories include more than 1 type of document. These are listed on said Pre-Filing Document Types form. If you are not absolutely sure what a document is or what doc-type it fits into, please reference this form OR check with a more experienced paralegal. This is very important.
[ ] Then, scan and save all the residual paper documents into the client’s “case” file in TM, using the “PRE PETITION” doc type. For each document, using the “sunshine” button at the top of the screen, pick the “autoentry” form name that describes the document type.
NOTE: You must be careful to scan each document using the correct “doc type” autoentry.
NOTE: That is, scan into TimeMatters ALL DOCUMENTS EXCEPT:
(1) The Attorney Recommendation and Attorney Certification forms. (This needs to be first signed by one of our attorneys.)
(2) Missing Items At End Of Case Opening Form
Final Steps:
[ ] TM “Next Step”: Change the “Next Step” field in the client’s TimeMatters “Case” to “Attorney Recommendation”
[ ] Add the case to the Cases Opened Sheet AND the Who Did The Case Opening’s This Month? sheet.
[ ] When procedures on this Case OpeningCase Opening Checklist are complete, sign your name where indicated in the Procedures Completed box below.
[ ] Attorney Recommendation and Certification: Give the manila folder to an attorney to review file, to then sign the Attorney Recommendation and Attorney Certification forms, and to then return to you.
HOT FILE or WAIT FILE
[ ] If this is a Hot File or a Wait File, HotDocs will print out a “hang-out” tab for you to fold and then staple onto the inside of the front cover of the file. Make sure it sticks out of the file far enough to read everything on it.. (Note: It could be a Hot File or Wait File as indicated on the Interviewer's Sheet, OR because you have found out something that makes it a Hot File or Wait File. Check with an attorney or more experienced paralegal if you have any questions about what constitutes a Hot File or Wait File, and the reasons why we must be very careful with Hot Files and Wait Files.)
HOT FILE or WAIT FILE?
[ ] If so, I stapled the HOT File and/or WAIT File hang-out tab onto inside of the front cover of the file.
I verify that ALL of the above procedures have been completed.
______________________
Signature of Person Who Did Case Opening
Processor: After you receive the file back from the Attorney, put the file behind the appropriate follow-up date in your Client Follow-Up docket control system.
========/////////==========
CHAPTER 7: BANKRUPTCY PROCESSING & SIGNING CHECKLIST
CHECKING NC DMV (North Carolina Dept of Motor Vehicles) TO DOUBLE-CHECK TO SEE WHAT VEHICLES THE CLIENT(S) OWN:
NOTE: This assumes the client you are checking on has a valid North Carolina driver’s license.
NOTE: This will not help you determine what vehicles the client(s) own out-of-state.
NOTE: You must pull this for EACH AND EVERY client who has a valid NC driver’s license.
NOTE: This also assumes that the Interviewer has not already pulled this information in the last 30 days.
[ ] Within the last 30 days, the Interviewer has already pulled a NC DMV report on each and every client
OR
[ ] The Interviewer has NOT, within the last 30 days, pulled a NC DMV report on each and every client, in which case, in which case:
[ ]For each and every client with a valid NC driver’s license:
[ ] I have ALL of the following: (1) NC Driver’s License number, (2) Social Security Number, and (3) Date of birth, as follows: (The following is provided for your convenience in gathering information)
[ ] At https://edmv.ncdot.gov/MyDMV/MyDMVAccount/Login , I pulled and printed out a separate report on each of these clients.
[ ] I scanned in each report, saving it to the client’s Case File in TimeMatters, assigning it the “NC DMV” DocType.
[ ] The report(s) accurately reflect what the client(s) told us about vehicles at the initial interview = DONE.
OR
[ ] The report(s) do(es) NOT accurately reflect what the client(s) told us, in which case, I did ALL of the following:
[ ] I quizzed the client(s) to determine if the additional or different information is true, and
[ ] I made changes in writing on the NC DMV report to make it accurate, to fully reflect my findings, any final determination, the advice given to the client(s), and my conclusions.
[ ] I made changes to the initial interview paperwork to reflect the additional or different information, and
[ ] I made a determination as to whether or not the information “negatively affects” the filing, and here is my conclusion:
[ ] The information does NOT negatively affect the filing in any way.
Please explain why:__________________________________________________
__________________________________________________
__________________________________________________
OR
[ ] The information seems to negatively affect the filing. As a result, I have checked with the Interviewer, a more experienced paralegal, or an attorney to find out how to advise the client.
Final Determination:
____________________________________________________
____________________________________________________
____________________________________________________
SUPER IMPORTANT: If you are not absolutely certain whether or not the different or additional information negatively affects the filing, the desirability of the filing, the goals of the client(s), the expectations of the client(s), or the amount or duration of any proposed plan (if Chapter 13 case), you need to immediately check with the Interviewer, a more experienced Processor or one of our attorneys for their help or advice. In this process, if you have any problem with the client(s), STOP and immediately pull in the Interviewer and if the Interviewer is not available, one of the attorneys.
BESTCASE PROGRAM:
[ ] Data Input: I have input into BestCase all the information necessary to complete the documents.
[ ] In doing so, I verify that I have followed the protocol for listing the correct address for each & every creditor as set forth on the document entitled "Guideline For Finding And Listing The Correct Address For A Creditor".
[ ] BeBack more than 90 days ago: If the BeBack was conducted more than 90 days ago, I asked the client what, if anything, has changed in terms of assets, debts, income and expenses, as well as the Yes/No answers in the BeBack questionnaire, and I updated the file to reflect all such changes.
[ ] Listing County Tax Offices: For each County in which the client(s) own a parcel of real property, I listed in BestCase as a "secured" creditor the name and address of the corresponding County tax office, to put that office on notice of the bankruptcy filing.
[ ] Attorney listed must be the same attorney who signs the petition: I made sure that the name listed on the petition is the same attorney who signs the petition.
RE-CHECKING AMOUNT OF ATTORNEY FEES:
[ ] Having all or most of the information in on the client, I have checked all the categories of fees set forth on the "Computing Attorney Fee" sheet to see if there are any additional attorney fees we need to ADD IN for the work involved. For example, I checked to see if there is: (1) Higher CMI income is than anticipated, (2) More debts than included in the quoted fee, (3) Higher total amounts of dischargable, unsecured debt than picked up earlier, (4) Etc.
NOTE: If I do NOT know how to do this, I checked with an attorney or more experienced paralegal.
According to the Computing Attorney Fee sheet, the attorney fee quoted:
[ ] Was & still is correct.
[ ] Needs to be increased from $___________ to $___________ due to the following items:
(1) ___________________________________________
(2) ___________________________________________
(3) ___________________________________________
[ ]I have informed the client of the extra money due.
[ ] The client is O.K, with the increase & will bring in the extra money before filing.
[ ] The client objected to the increase.
[ ] I have checked with JTO (or another attorney if JTO is not available). Per (JTO)(________) on ____/____/_____ (date)
[ ] The fee increase will be required.
[ ] The fee will only be increased to $____________
[ ] The fee increase will NOT be required.
[ ] If an increase is required, I have updated all of the following forms:
(1) The client Payment Ledger.
(2) In BestCase, the Statement of Financial Affairs and the Compensation Statement of Attorney.
(3) Excel Ch. 13 Plan Worksheet.
(4) If applicable, in Edocs, the Ch. 13 Plan - Debts Sheet (only if, for some reason, we are not submitting an Excel Eplan).
PICTURE ID AND PROOF OF SOCIAL SECURITY NUMBER:
[ ] Each client has presented to me both a Picture ID and proof of Social Security Number.
[ ] These documents are the original documents, not photocopies.
[ ] The client(s) appear to be who they say they are, and each Social Security number matches the ones being used in this case.
[ ] I have SCANNED and SAVED a copy of each of these documents the client’s CASE FILE in TIMEMATTERS, assigning them the “ID & SS” DocType.
[ ] I have also SAVED a copy of these in the document file called “For Trustee: Statement, Tax Return, PaysAdvices, Etc.”
[ ] I have added into BestCase ALL the names and variations of names that are listed on this documents in the section of BestCase where we can list other names the client(s) have been known by.
Note to Processor:
Acceptable forms of picture I.D. include: (1) Driver’s license, (2) government I.D., (3) state picture I.D., (4) student I.D., (5) valid passport, (6) military I.D., and (7) resident alien card.
Acceptable forms of proof of Social Security number include: (1)Social Security card, (2) medical insurance card, (3) current pay stub, (4) W-2 form, (5) Internal Revenue Service Form 1099, and (6) Social Security Administration report. (7) military ID and (8) State issued driver’s license if it shows your Social Security number. The item produced for proof of Social Security number must include your full Social Security number.
JUDGMENT SEARCH:
[ ] For each and every client, I have run a judgment search using the following link: https://www.courtsearch.com/ (Same link as set forth on the firm staff page).
Important Note: We cannot afford to miss judgments. If you are not certain how to perform a judgment search and how broad to make your search (particular counties or statewide) or how to deal with names similar or the same as our client’s, please check with a more experienced paralegal or attorney.
[ ] I printed out and scanned a copy of the results into the clients TimeMatters “Case” file.
After looking at the results of the judgment search (and where necessary, speaking to the client(s), here are my conclusions:
[ ] No judgments: There do NOT appear to be any judgments in name of our client or clients. Explanation, if needed: _____________________________________________________
OR
[ ] Judgments: There appears to be one or more judgments in the client or clients, held by the following creditors: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
[ ] Liens: (If the client(s) own real property in the same county) Of these judgments, ONLY the following judgment creditors would seem to have a lien against the real property of the client(s): ___________________________________________________________________________ ___________________________________________________________________________
Important Note: If you are not absolutely certain and have the experience to determine which judgments may constitute liens on the real property of the client or client(s), please check with a more experienced paralegal or attorney.
Attorney verification (if needed): ________________________________________
[ ] Schedule F: I have input the names of all judgment creditors with NO liens in BestCase on Schedule F.
[ ] Schedule D: I have input the names of all judgment creditors WITH liens in BestCase on Schedule D, connected to the real property on which the judgment is secured, and
[ ] Note to attorney: I have left the attorney a note that it is my opinion that these liens should be considered for avoidance.
[ ] Attorney fee: I have adjusted the attorney fee, if necessary, to take into account the necessary motions to avoid these liens.
"LAST YEAR'S" FEDERAL INCOME TAX RETURN (For Trustee):
[ ] The client has provided us with a full and complete copy of last year's Federal income tax return, together with all schedules and attachments.
Note: If you are not sure what is included in a full and complete copy, make sure you check with someone on our staff who does.
[ ] I have made a copy of it, making sure you copy all pages with writing on them, both front and back.
[ ] The signature lines of the tax return contain the signature of each client who filed the return. (If need be, I had the clients sign on the signature lines.)
[ ] The client could not find a copy of the return.
[ ] We have obtained from the IRS a transcript of the return.
[ ] We have requested a transcript, but it has not come in yet.
[ ] The clients have NOT prepared or filed last year's Federal tax return.
Note: If the client(s) have not done the return for last year, that's OK. The client will simply have to sign a statement to that effect. If the client(s) did the return, it (or a transcript of the tax return obtained from the IRS) must be produced for the Trustee, and possibly other creditors.
ALTERNATE: "LAST FILED" FEDERAL TAX RETURN:
If the client(s) have not filed last year's Federal tax return, the Trustees and the Bankruptcy Administrator want a copy of the "last filed" Federal tax return. For clients who did not file for last year, this will be the year before that, and if the client did not file the year before that, then the year before that, and so on. (Note: If the client has not filed for the last 4 years, I cannot imagine the Trustees or the BA will want anything older than that.)
[ ] The clients have NOT prepared or filed last year's Federal tax return.
[ ] Instead, the client(s) have provided us with a full and complete copy of the "last filed" Federal tax return, together with all schedules and attachments.
Note: If you are not sure what is included in a full and complete copy, make sure you check with someone on our staff who does.
[ ] I have made a copy of it, making sure you copy all pages with writing on them, both front and back.
[ ] The signature lines of the tax return contain the signature of each client who filed the return. (If need be, I had the clients sign on the signature lines.)
[ ] The client(s) could not find a copy of the "last filed" return.
[ ] We have obtained from the IRS a transcript of the return.
[ ] We have requested a transcript, but it has not come in yet.
[ ] The client(s) have not filed any Federal tax returns in the last 4 years.
PAY CHECK STUBS OR OTHER EVIDENCE OF INCOME FOR LAST 60 DAYS:
Note: We need it for all jobs where the client worked as an employee for someone else in the 60 days before filing. (We do NOT need this information for income earned through self-employment.) Client understands that the law requires that the client provide this documentation, but only to the extent that the client has it in client's possession or under client's control.
Client 1 (Male or Female):
[ ] The client is self-employed. In the last 60 days, the client has NOT worked for an employer.
[ ] The client is unemployed, retired or disabled and has not worked in the last 60 days.
[ ] In the 60 days before filing, client worked as an employee for only the following employers:
(1) _______________________________ When: All 60 days From ________ to _________
For this employment, the client has provided:
[ ] All pay stubs or other evidence of income earned during the 60 days
[ ] Only part of the necessary documents, and here is why:
[ ] This is all the client can find or get his hands on.
[ ] Other: ______________________________________________
[ ] Nothing, and here is why:
[ ] Client is paid in cash.
[ ] Client has not kept any of his pay stubs.
[ ] Other: ______________________________________________
(2) _______________________________ When: All 60 days From ________ to _________
For this employment, the client has provided:
[ ] All pay stubs or other evidence of income earned during the 60 days
[ ] Only part of the necessary documents, and here is why:
[ ] This is all the client can find or get his hands on.
[ ] Other: ______________________________________________
[ ] Nothing, and here is why:
[ ] Client is paid in cash.
[ ] Client has not kept any of his pay stubs.
[ ] Other: ______________________________________________
(3) _______________________________ When: All 60 days From ________ to _________
For this employment, the client has provided:
[ ] All pay stubs or other evidence of income earned during the 60 days
[ ] Only part of the necessary documents, and here is why:
[ ] This is all the client can find or get his hands on.
[ ] Other: ______________________________________________
[ ] Nothing, and here is why:
[ ] Client is paid in cash.
[ ] Client has not kept any of his pay stubs.
[ ] Other: ______________________________________________
Client 2 (If any) (Female or Male):
[ ] The client is self-employed. In the last 60 days, the client has NOT worked for an employer.
[ ] The client is unemployed, retired or disabled and has not worked in the last 60 days.
[ ] In the 60 days before filing, client worked as an employee for only the following employers:
(1) _______________________________ When: All 60 days From ________ to _________
For this employment, the client has provided:
[ ] All pay stubs or other evidence of income earned during the 60 days
[ ] Only part of the necessary documents, and here is why:
[ ] This is all the client can find or get her hands on.
[ ] Other: ______________________________________________
[ ] Nothing, and here is why:
[ ] Client is paid in cash.
[ ] Client has not kept any of her pay stubs.
[ ] Other: ______________________________________________
(2) _______________________________ When: All 60 days From ________ to _________
For this employment, the client has provided:
[ ] All pay stubs or other evidence of income earned during the 60 days [ ] Only part of the necessary documents, and here is why:
[ ] This is all the client can find or get her hands on.
[ ] Other: ______________________________________________
[ ] Nothing, and here is why:
[ ] Client is paid in cash.
[ ] Client has not kept any of her pay stubs.
[ ] Other: ______________________________________________
(3) _______________________________ When: All 60 days From ________ to _________
For this employment, the client has provided:
[ ] All pay stubs or other evidence of income earned during the 60 days
[ ] Only part of the necessary documents, and here is why:
[ ] This is all the client can find or get her hands on.
[ ] Other: ______________________________________________
[ ] Nothing, and here is why:
[ ] Client is paid in cash.
[ ] Client has not kept any of her pay stubs.
[ ] Other: ______________________________________________
CROSSING OUT OF CERTAIN INFORMATION:
(Re: Privacy Requirements Under Law) On the client's: (1) Federal tax return for last year (including any attachments) and (2) Paycheck stubs and other evidence of income, using a black "magic marker", I have crossed out all but the last four(4) digits of the Social Security Number and the names of all minor children.
STATEMENT CONCERNING PAYMENT ADVICES AND TAX RETURN:
Based on the foregoing information, in HotDocs I filled out this document as part of the efiller paperwork.
Note: This statement can be handed to the Trustee at the 341 meeting, along with a copy of the documents referred to. For cases filed in the Eastern District, a copy of this statement and such documents must also be emailed to the Bankruptcy Administrator. As you will see below, some Trustees want the documents emailed to them.
MEANS TEST: CMI WORKSHEET AND INCOME DOCUMENTATION FOR LAST 6 MONTHS:
[ ] I prepared an updated CMI Worksheet to show all income received by the client(s) in the last 6 months (not including this month), and on this form I computed the monthly average incomes(s).
[ ] Each client has signed the newly updated CMI Worksheet, to verify the income information provided.
[ ] The file contains the most complete and accurate documentation the client(s) were able to supply regarding the income received during the last 6 months, as verified by the signature of the client(s) on the CMI Worksheet.
MEANS TEST “OVER” OR “UNDER” MEDIAN INCOME DETERMINATION:
In BestCase:
[ ] I have input into the Means Test the updated CMI Worksheet “6 month average” amounts for the ALL categories of income (excluding income from Social Security, VA Disability payments, Unemployment, food stamps and government adoption assistance) for the debtor and any spouse (filing or NON-filing, unless maritally separated)
Note: We must list the “6 month average” of the spouse, even if NOT filing with the debtor unless the NON-filing spouse is living separate and apart from the debtor.
Note: If you cannot determine the non-filing spouse’s income, have the client give us his or her “best guess”. We can always back out under the marital adjustment section everything that is not used to pay for the household expenses of the debtor or the debtor’s dependents.
[ ] Marital adjustment: (Line “3") Where there is a NON-FILING spouse (not maritally separated), I listed the total amount of the non-filing spouse’s “6 month average” monthly income that is NOT currently (as opposed to an average over the last 6 months) being used to pay for the household expenses of the debtor or the debtor’s dependents.
Note: Under the law, there is no requirement for a Non-filing spouse to contribute anything, and some don’t.
Instruction: In most cases, you will want to use one of out HotDocs worksheets to compute and document this amount.
Result:
[ X ] “Under Median” case: You are done.
[ ] “Over Median” case.
IMPORTANT: You have indicated that this is an UNDER MEDIAN INCOME CASE.
This is important since there is a lot more work to do if this is really an “Over Median” case.
If this is really an “Over Median” case, go back and redo this form to change your answer.
If you are not absolutely sure, immediately check with a more experienced paralegal or an attorney.
MEANS TEST RESULT:
[ ] The client(s) are either EXEMPT from or have PASSED the Means Test,
Note: “Under Median” = EXEMPT “Over Median” with NO Disposable Income = PASSED
OR
[ ] As of __________________________, the client(s) FAILED the Means Test.
[ ] I have spoken with the following attorney or Means Test Specialist: _______________________________________________
Here is the proposed strategy / resolution: ___________________________________________________________________ ___________________________________________________________________
The final result:
[ ] The client(s) are either EXEMPT from or have PASSED the Means Test, or there are “special circumstances” sufficient to proceed with Chapter 7, or
[ ] The client has agreed to convert the case to Chapter 13, or
[ ] The client(s) are NOT going to proceed with a bankruptcy filing, and the file will be closed.
CREDIT COUNSELING CERTIFICATION:
[ ] DECAF: NOT more than 6 months ago, the client(s) completed the online briefing through DECAF and each client has received a Credit Counseling Certification (to be filed with the Court)
For each client:
[ ] I checked to see that we have received a CC certification from DECAF. Note: If not, or I don’t know how to find it, I checked with Kim or John.
[ ] I checked to make sure the certification is NOT more than 6 months old.
[ ] I checked to make sure the client’s name is spelled correctly on the certificate.
[ ] I “printed out” and put in our file a copy of a Credit Counseling Certification. (Note: So that the attorney proofing the case will know the counseling is complete.)
In BestCase, on Exhibit “D”:
[ ] I have picked choice number “1.”, OR
[ ] Choice number “1.” does NOT apply.
Explain why: ________________________________________________________ ____________________________________________________________________
[ ] I have spoken to an attorney to find out what needs to be done. Here is what needs to be done: ___________________________________ ____________________________________________________________ ____________________________________________________________
[ ] Check when DONE.
[ ] NOT DECAF: NOT more than 6 months ago, the client(s) have completed a credit counseling briefing through some company other than DECAF.
[ ] We have a Credit Counseling Certification for each client in our file.
[ ] The certifications are less than 6 months old.
Note: A certification older than 6 months is invalid. In such case, client(s) will have to re-do it.
AUTHORIZATION FOR LEGAL SERVICES (Our fee contract): I have checked and made sure it is filled out and signed by all clients.
POWER OF ATTORNEY: If a client is signing the filing documents using a Power of Attorney,
[ ] I made a copy of the Power of Attorney for our file
[ ] I drafted and affixed to it the proper Certification (or filled it out if already affixed)
NOTE: The Certification is necessary since we cannot electronically submit to the Court the original Power of Attorney.
[ ] The Certification has been signed.
[ ] In BestCase, I opened the client's case and then clicked on the "Petition" form, then on "/s/Signature" button. I then, checked the "Other Signature" button and typed into the box "(Name of person with Power of Attorney), Attorney In Fact for (name of client who gave the Power of Attorney)"
NOTE: Doing so will change the language in the Petition to reveal that it is being signed by the person with the Power of Attorney.
Only need it to include Business Expenses addendum, if client is in business.
EDOCS: In Hot Docs:
[ ] I completed this form because the client is in business and we need to included a Business Expenses addendum.
[ ] EDOCS form is NOT NEEDED for this case.
Note: This form was created to prepare for filing documents that the Best Case Program does NOT create).
Very Important:
[ ] After completion, if this file contains any documents (it may not), I saved the form to my flash drive and also to the client’s “Case” file in TimeMatters (In Wordperfect, go to “File” tab, then “Save To Time Matters”), naming the form Edocs.wpd
IMPORTANT NOTE: If you later need to make any changes to this document, you MUST redo this step to make sure we have the most up to date copies saved.
PROPERTY CLAIMED AS EXEMPT: All property with any equity has been listed in BestCase and there is either: (1) NO equity above exemptions, OR (2) if there is equity above exemptions, there are clear indications in the file that the plan is to sacrifice the extra equity to the Trustee.
Extra Debts Above 20 Total: On the BKE BILLING STATEMENT, I have added as an additional “attorney fee” any extra amount due from the client the cost of extra creditors or higher amounts of dischargeable debt.
All Up-Front Money Received: I verify that: (1) The entire attorney fee, plus costs, in accordance with fee agreement has been received (including the cost of extra debts above 20), (2) TimeMatters has been updated to reflect all payments, and (3) All money has been turned into our office and properly accounted for.
(Broken into Part 1 and Part 2)
EFiller Paperwork:
In Hot Docs, I filled out this form, both Part 1 and Part 2. Note: This creates our internal documents, including this checklist.
[ ] After this set of document appeared in Microsoft Word, I scrolled down to the form entitled Chapter 7 Trustee Questionnaire and completed it by answering all the “Choose An Item” questions.
[ ] After completion, in WordPerfect, I “Saved to TM” (= Saved a copy in the TimeMatters program) using the “Autoentry form” called “eFiller”
UNIFORM EDNC BANKRUPTCY DOCUMENT REQUEST FORM
Note: This is a form required to be filled out, signed and sent to the Chapter 7 Trustee in all Eastern District cases. This form and a set of instructions are set forth in Part 2 of the Efiller paperwork.
[ ] Before the final signing appointment, using the attached “How To Fill Out The Uniform EDNC Bankruptcy Document Request Form” as a guide, I went over this document with the client(s) on the phone, and filled in the correct answers.
Note: If joint case, just need 1 form filled out
Important: If you spend more than 5 minutes or so filling out this form, you are probably spending too long.
Note: This form will be Esigned along with the other Efiller forms.
CHAPTER 7 TRUSTEE QUESTIONNAIRE (which includes CHAPTER 7 TRUSTEE’S INSTRUCTIONS TO CHAPTER 7 DEBTORS)
Note: This is a form required to be filled out, signed and sent to the Chapter 7 Trustee in all Eastern District cases. This form (which includes a set of instructions for the client-s to read) are set forth in Part 2 of the Efiller paperwork.
[ ] Before the final signing appointment, I went over this document with the client(s) on the phone, and filled in the correct answers.
CHAPTER 7 - DOCUMENT PREPARATION CHECKLIST: To get ready for the signing appointment, using Best Case and Hot Docs (for Edocs and Efiller), I have drafted, printed out, and compiled all the necessary documents using this checklist.
Verification of correct: (1) Client names, (2) Social Security Numbers, and (3) Chapter:
I have reviewed every document printed out for the signing, and I verify that the clients names are correct on every document and that and the social security numbers listed on the Statement of Social Security Number) are correct.
________________________________
Signature of Processor
HOT FILE and WAIT FILE conditions:
[ ] I certify that all HOT and WAIT FILE conditions, if any, have been complied with.
Verification of most Up-to-date files:
I verify that the Best Case program contains the final, most up-to-date information about the client(s).
I also verify that the Efiller.wpd and Edocs.wpd (if Edocs.wpd is even needed) files located in the client’s “Case” file in TimeMatters contain the final, most up-to-date information about the client(s).
_________________________________
Signature of Processor
Emailed all documents to client(s):
[ ] I emailed a copy of the BestCase documents to be filed to the client(s), including the following:
• Voluntary Petition
• Statement of Social Security Number
• Statement of Financial Affairs
• Schedule C/91C - Property Claimed as Exempt
• Declaration About an Individual Debtor’s Schedules
• Statement of Intention (if applicable)
• Statement of Current Monthly Income/Means Test
• Mailing Matrix
• Verification of Creditor Matrix
• Debtor(s) Electronic Noticing Request
[ ] I also emailed a copy of the Efiller Part 2 documents to the client(s), including the following:
• Attorney Recommendation
• Client Certification (Regarding Bankruptcy Filing)
• Who Do I Call For Help After My Case Is Filed? form
• Client Acknowledgments Form
• Reasons For Answers We Have Put On The Attached Uniform EDNC Bankruptcy Document Request Form
• Uniform EDNC Bankruptcy Document Request Form
• Important Notice to Client
• Mandatory Court Appearance
• Statement Under Penalty of Perjury (Tax Returns/Paystubs)
• You Must Get Your Class Done form
• STOP Bill Collector Harassment form
• Debt Collection “Call Log”
• Debt Collection “Call Log” Notes Page
• Chapter 7 Trustee Questionnaire
• Chapter 7 Trustee’s Instructions To Chapter 7 Debtors
[ ] I also emailed to the client(s) a copy of a Sample 341 Notice. Note: This document is also located in our HotDocs library.
Spoke to client(s):
[ ] I then called and spoke to the client(s) and went over each document to explain what the document is, why it is important, and to make sure it is correct and complete.
[ ] I made all necessary corrections and now...
[ ] All the documents are correct and complete
[ ] I answered all the questions and concerns of the client.
[ ] The client(s) seem to understand everything.
[ ] I explained the next steps, starting with sending the documents for Esignatrue.
Esignature Process: (When you are ready for the client to sign the documents)
NOTE: To do Esigning, we are using a program called Eversign. It is very easy to use.
[ ] First, I converted the documents to PDF format AND then saved the documents on my “flash” drive.
BESTCASE DOCUMENTS:
NOTE: This assumes the Court is still allowing the use of Esignatures, rather than “wet” signatures for the Best Case documents. Keep checking with other staff.
How to get BestCase to convert the BestCase documents to PDF format:
(1) With the client’s file open, click on the documents in the list that you want to convert and at the bottom of the screen, click on the print icon button. . If you want ALL the documents, at the bottom, click on the “Print All” button.
(2) Click on the “Select” button and pick the “Adobe PDF” choice. Then, click on “OK”.
(3) Then, click on the “Print” button. (Doing so will dump you into a screen called “Save PDF File As”)
(4) On the top line, to the right of a yellow folder icon, click on the small down arrow (“”) and navigate to your “flash” drive. Click on your flash drive to choose it.
(5) Next, change the file name from “Bankruptcy Forms.pdf” to something containing the client’s last name. For instance: (Client’s last name) + “-“ + (Last 4 digits of the client’s Soc. Sec. #) + “.pdf”. (Example: Smith-4444.pdf)
(6) DONE.
ALL OTHER DOCUMENTS: It is very easy to convert Word and WordPerfect documents to PDF format. Note: The procedure varies somewhat from program to program based upon the version. If you don’t know how to do it, ask a fellow Processor.
[ ] I then opened and logged into the Eversign program. Note: To do so, go to the Eversign website. Login using your user name and password. Note: If you do not have one, call or email Kelli Stanley in the Garner office. Kelli’s email is: kstanley@johnorcutt.com
[ ] In Eversign, I clicked on the word “Documents”. (Doing so should open another screen.)
[ ] I then clicked on "Choose Files" and then navigated to my “flash” drive and found and selected the documents I need to have Esigned and clicked on “OK” (Doing so will load your document(s) into Eversign.)
Note: This may take several seconds or longer.
Examples: BestCase forms, CMI Worksheet, Efiller Part 2, Tax Returns, etc.
[ ] Then, with my document(s) loaded into Eversign, in the Signer box and Signer email box, I typed in the Debtor’s name and email address. If this is a “joint” filing, in the second set of Signer boxes, I typed in the name and email address of the second Debtor. Note: If you spell the clients name wrong, they will sign it wrong, so be careful. . IMPORTANT: Each client must have their own email address. That is, if a joint case, you cannot use the same email address for both clients.
[ ] I entered a Document Title (which will be used as the “Subject” of the Eversign email to our client(s)
[ ] I entered a message for the clients (which will be used in the body of Eversign’s email to our client(s) Example: "Let me know if you have any questions."
[ ] I entered an “Expire document after” date. You can change this based on the client. Example: Signing on the 28th of the month, you want docs to expire after 3 days.
[ ] I then clicked on the orange "Prepare" button in the top right corner.
[ ] I then reviewed the document to make sure all signature lines (and/or initial lines, if any) have a "Sign" field.
IMPORTANT NOTE: If not, you will need to add them (which is super easy). Pick the Signer’s name on the right-hand side, and then, just below that, you can just drag and drop them into the places where you need signatures.
NOTE: The BestCase document will NOT. As of 7/14/20, you will have to do this with respect to the documents prepared in BestCase.
FYI: The Efiller Part 2 documents (and our 2CR docs) are already set up to provide the necessary signature and/or initial fields. As you can see, this saves you the trouble of having to insert them. It also makes sure you don’t miss one.
BE CAREFUL: For those documents where you need to drag and drop signatures into the document, make sure you don’t miss one or more of the places where signatures are required. Otherwise, you will have to do it all over again. For example: As you know, the BestCase documents require signatures in a number of different places.
NOTE: At a minimum, you will have to send out at least 2 sets of documents to each clients, including the BestCase documents AND, separately, the Effiller Part 2 documents.
[ ] I have sent off to the client(s) all the required documents for Esignature.
Client Esignature AND PERSONAL SIGNATURE on BestCase Electronic Filing Documents:
[ ] The clients have Esigned the:
1. Voluntary Petition
2. Statement of Social Security Number
3. Statement of Financial Affairs
4. Schedule C/91C - Property Claimed as Exempt
5. Declaration About an Individual Debtor’s Schedules
6. Statement of Current Monthly Income/Means Test
7. Verification of Creditor Matrix
8. Debtor(s) Electronic Noticing Request
[ ] The client(s) have also personally signed these documents:
[ ] I have in my hands all of these documents, all of which appear to contain the personal signatures of the clients.
NOTE: There are 3 ways to get the client(s) to sign these document:
(1) Email them to the clients, who would first have to print them out, sign them and then either mail or hand-deliver them back to us, or
(2) Have the clients come to the office to get them signed, or
(3) If need be, mail them to the clients to sign and return to us.
IMPORTANT: EASTERN DISTRICT ONLY: For all cases filed after 9/1/21, but ONLY with respect to the documents to be filed with the court (using BestCase), before filing, we must have the client’s personal signatures. To be clear, documents which will NOT be filed with the court, do NOT need the client’s personal signature (as opposed to eSignature.)
Client Esignature on Efiller Part 2 forms: Each client has Esigned the following documents:
[ ] Client Certification (Regarding Bankruptcy Filing)
[ ] Client Acknowledgments Form (only initials needed, not signature)
[ ] Uniform EDNC Bankruptcy Document Request Form
[ ] Important Notice to Client
[ ] Mandatory Court Appearance
[ ] Statement(s) Concerning Pay Advices and/or Tax Returns
[ ] Chapter 7 Trustee Questionnaire
Attorney Recommendation and Client Certification forms:
[ ] The file contains a signed Attorney Recommendation form
[ ] The file contains a signed Attorney Certification form
[ ] The file contains a signed Status of Attorney Recommendation form
[ ] The file contains a signed Client Certification form
[ ] I have checked to make sure the "Chapter" recommended in the Attorney Recommendation matches the Chapter under which the client(s) are filing. If not, I have contacted an attorney, had the attorney review the file, and prepared new forms.
[ ] I understand that no case is to be filed until all of these forms are signed.
Interrogatories: If we are doing Interrogatories, proposed Interrogatories have been drafted, answered and signed by appropriate client(s), and we have made specific arrangements to get paid: Fee = $____________ Arrangements for payment: ____________________________________________________________
Need Attorney Initials Here
ATTORNEY SIGN-OFF: I am an attorney and :
OBLIGATIONS FROM FORMER MARRIAGE (Other than alimony or child support) [ ] I have reviewed the entire file for any indication that the client may have obligations as a result of a Separation Agreement and/or Court Order requiring the client to pay any/or hold the ex or estranged spouse harmless regarding one or more debts (other than alimony or child support). In doing so, I checked at least the following: (1) IMPORTANT QUESTIONS page, (2) BANKRUPTCY QUESTIONNAIRE, section 4a(4), and (3) The top section of this form. In addition, I have read all Separation Agreements or marital-related Court Orders located in our file.
[ ] I did find an indication of such an obligation, BUT the file did not contain a copy of the Separation Agreement or Court Orders involved. I have requested from the client a copy of all such documents. In the meantime, I have put a WAIT FILE status on the filing.
[ ] On _______________(date), I received and read the documents.
[ ] I did NOT find any indication of such an obligation.
[ ] I did find such an obligation,
[ ] Do NOT File Chapter 7: Since this obligation is significant in size and nondischargable, it poses a huge potential problem for the client. I have spoken to the client. The client is going to switch to a Chapter 13 filing. I have put a WAIT FILE status on filing Chapter 7 and have either re-worked the file myself or have given appropriate instructions to a member of the staff.
[ ] However, it does NOT cause a problem because:
[ ] The client intends to pay them anyway.
[ ] The debts have already been paid or otherwise resolved
[ ] The ex or estranged spouse is filing, has filed or intends to also file bankruptcy.
[ ] None of the debts involved are in the ex or estranged spouse's name.
[ ] The client does not believe the ex or estranged spouse will come after the client.
[ ] The debts are not significant in amount.
[ ] The client are significant in amount and the client knows that the debts are non-dischargable, but, despite these facts, the client wants to proceed with this Chapter 7 filing.
[ ] Other: __________________________________________________ ________________________________________________________
FILING RECOMMENDATION:
[ ] I have reviewed the file.
[ ] Based upon the information provided, existing law, and my understanding of the clients' goals and financial situation, it is still advisable for the clients to file bankruptcy under Chapter 7.
[ ] I see in the file the following:
(1) A copy of the signed Attorney Recommendation form.
(2) The original signed Client Certification form.
(3) The original signed Attorney Certification form
DOCUMENTS SIGNED:
[ ] I have signed at least the following documents:
(1) Petition (in 2 places)
(2) STATEMENT PURSUANT TO RULE 2016(B).
HOT And WAIT FILE Conditions:
[ ] All HOT and WAIT FILE conditions have been complied with.
EXEMPTIONS:
[ ] There is NO EAE.
[ ] There is EAE and there is a clear indication in the file that the client intends or is willing to sacrifice it to the Trustee.
LAST-FILED FEDERAL INCOME TAX RETURN
[ ] The file contains what looks like a full and complete copy of the “last-filed” Federal Income tax return, together will all schedules and attachments.
MEANS TEST: VEHICLE OWNERSHIP DEDUCTION ISSUES
[ ] This is an Under Median Income case (Not Applicable)
[ ] This is an Over Median Income case:
[ ] The number of vehicle ownership deductions is the same as the number of vehicles leased or on which “money is owed.
[ ] Proof of lien on title: Since the initial interview, the clients have: (1) leased or purchased another vehicle (with a loan on it), and/or (2) taken out a “title loans” out on one or more vehicles, AND there is proof in the file that there is a “lien” on the title of each such vehicle.
[ ] The file contains a VEHICLE OWNERSHIP DEDUCTION: ACKNOWLEDGMENT AND DISCLAIMER form, signed by the client (both clients in a “joint” filing).
[ ] If client took out one or more “title loans”, the transfer of a lien on the title to the previously “paid-for” vehicle is set forth on SOFA.
[ ] There is a problem. As of _____________________, the client(s) do NOT lease or “owe-money-on” the same number of motor vehicles for which is “vehicle ownership deduction” is claimed. Here is the proposed solution: __________________________________________________________________ __________________________________________________________________
[ ] As of ___________________, the problem has been resolved. The number of vehicle ownership deductions is now the same as the number of vehicles leased or on which “money is owed.
NECESSARY MATCH-UPS: Regarding actual expenses listed on both Means Test and Budget (Schedule I & J)
[ ] Under-Median Income case (Not Applicable).
[ ] Over-Median Income case:
[ ] All actual expenses listed on both forms do match up in amount.
[ ] Some of these expenses do NOT match up, but there is a satisfactory explanation for each NON-Match-Up expense located at the bottom of the Means Test Expense Worksheet.
MEANS TEST RESULT:
[ ] I have reviewed the data entered into Form B22A, for correctness and completion. If need be, I have corrected the data. The result is:
[ ] The client(s) are either EXEMPT from or have PASSED the Means Test, or
[ ] The client(s) have FAILED the Means Test, but there appear to be "special circumstances" and an attorney has signed here, giving permission to proceed with Chapter 7.
________________________
(Signature of attorney)
SCHEDULE TECHNICALITIES: I see the following:
[ ] On Schedule A or B, a statement indicated the "valuation method" to be fair market value.
[ ] If not, I have requested the correction.
EXTRA DEBTS OVER 20:
[ ] There are less than 20 debts total.
[ ] There are ______ total debts. The following applies:
[ ] We got paid $15 each for every debt over 20, or
[ ] I agreed to the following, and made notes on the Client Ledger form
[ ] I agreed to reduce the fee to $______ per debt over 20, or
[ ] I agreed to a flat fee of $__________ to cover the extra debts over 20, or
[ ] I waived all fees for debts over 20 because______________________ ________________________________________________________
RE-CHECKING AMOUNT OF ATTORNEY FEES:
[ ] Having all or most of the information in on the client, I have checked all the categories of fees set forth on the "Computing Attorney Fee" sheet to see if there are any additional attorney fees we need to ADD IN for the work involved. For example, I checked to see if there is: (1) Higher CMI income is than anticipated, (2) More debts than included in the quoted fee, (3) Higher total amounts of dischargable, unsecured debt than picked up earlier, (4) Etc.
According to the Computing Attorney Fee sheet, the attorney fee quoted:
[ ] Was & still is correct.
[ ] Needs to be increased from $___________ to $___________ due to the following items:
(1) ___________________________________________
(2) ___________________________________________
(3) ___________________________________________
[ ] I have spoken to the client re: the attorney fees due.
[ ] The client is O.K, with the increase & will bring in the extra money before filing.
[ ] The client objected to the increase.
[ ] The fee increase will be required.
[ ] The fee will only be increased to $____________
[ ] The fee increase will NOT be required. Why? __________________________________________ ________________________________________________
[ ] If an increase is required, I have updated all of the following forms:
(1) The client Payment Ledger.
(2) In BestCase, the Statement of Financial Affairs and the Compensation Statement of Attorney.
JUDGMENTS:[ ] Clients do NOT own any real estate.
[ ] Clients own real estate, however, it is being surrendered.
[ ] Clients own and want to keep real estate in the following Counties: ______________________ I have reviewed the file for possible judgment liens: In doing so, I checked at least the following: (1) DEBTS page for any indication of judgments, (2) IMPORTANT QUESTIONS page re: judgment question, (3) The whole file for copies of any pleadings, motions or judgments, (4) The BANKRUPTCY QUESTIONNAIRE, items 4(a) & 4(b), and (5) Credit reports, in the Public Information section (if there is one).
[ ] Judgment Search DONE: Check here if there is in the file a judgment search report covering all Counties in N.C. where the client(s) own real property.
Conclusion:
[ ] There appear to be NO judgment liens, or
[ ] There ARE judgment liens held by ________________________________________ ____________________________________________________________________
[ ] It is ADVISABLE to avoid these liens:
[ ] I have drafted the Letter to Client (HotDocs)requesting additional info on the judgments.
[ ] I have set up a "522F/AvoidLien" ToDo in TimeMatters and assigned it to: Charlene Ennemoser.
[ ] Eastern District: I have checked to make sure that all judgment creditors are listed on Schedule D (Not Schedule F) OR
[ ] After discussion with the client(s), the client(s) do NOT want to pay for the motion to avoid the lien(s), for these reasons:
[ ] The amount of the judgment, plus interest and costs is smaller than the costs to avoid. Client will deal with it later, if the lien causes a problem.
[ ] Clients do NOT intend to sell or refinance the property on which the lien attaches before the 10 year judgment expiration period and are willing to take the risk that if the client(s) do need to sell or refinance, that client(s) will have to pay for or otherwise deal with the judgment lien.
SOFA CREDITORS ARE ALSO LISTED ON SCHEDULE D, E or F
[ ] All creditors listed on the Statement of Financial Affairs (SOFA) are also listed on Schedule D, E or F
[ ] Same Name & Address: The name and address (if any) are the same on SOFA and the corresponding entry on Schedule D, E or F.
NOTE: This is important. A creditor listed on the SOFA must also be listed on one of the schedules, D, E or F. If not, the creditor's claim will not appear on one of the schedules. In turn, it will not be listed on the 'mailing matrix'. In turn, likely the creditor will not get notice of the bankruptcy. Even in "No Asset" Chapter 7 cases, where debts not listed are still discharged, at the very least, this will cause extra work for our post-legal department, including the need to explain why the debt is still discharged and the need to draft and send out letters to that effect. Even worse, not listing a debt will give creditors, behind the scenes in dealing with our clients to extort money out of them by telling them "Our debt was not listed, and any debt not listed, you still owe." All these problems can be avoided by simply making sure that (1) All creditors listed on SOFA are also listed on Schedule D, E or F, and by making sure that (2) We list on one of the schedules the same name and address (if any) we listed on the SOFA.
DIRECT ATTORNEY CONTACT WITH CLIENT PRIOR TO FILING, in-person or over the telephone (Email is probably not good enough):
[ ] Where there is a strong possibility that a Chapter 7 Trustee will make a big deal out of it if one of our attorneys has not met with the client in person.
NOTE: For example: Judge Warren, when he was Trustee Warren used to do this, and Trustee Holmes Harden, as of July, 2015, still has a tendency to do so.
[ ] I spoke directly with the following client: __________________ on _________ (date)
[ ] Over-the-phone OR [ ] In-person (while client was at our office)
[ ] I addressed all of the client’s questions or concerns.
[ ] I addressed any and all important questions and concerns I had and that I felt needed to be specifically addressed before filing, including, without limitation, the following: Notes: ______________________________________________________________ [ ] If needed, I made notes in TimeMatters
Copy of Documents for Client: I have copied and have given (or mailed to) the client(s) a copy of the following documents:
(1) Petition and all Schedules being filed with the Court.
(2) IMPORTANT NOTICE TO CLIENT.
(3) CHAPTER 7 SAMPLE NOTICE OF §341 MEETING OF CREDITORS
(4) MANDATORY COURT APPEARANCE form
(5) NOTICE TO CLIENT (Transfer of case to Raleigh) (Do NOT need for Raleigh Office signing.)
(6) STOP BILL COLLECTOR HARASSMENT, plus DEBT COLLECTION “CALL LOG”
(7) YOU MUST GET YOUR CLASS DONE
Gave Back To Client All Documents With Original Signatures: Of the documents the client gave us, I have made a copy for our file of those containing the client's original signatures. I gave the "originals" back to the client.
TO DO AFTER THE SIGNING
Converting Edocs.wpd to “(client’s last name)-edocs.pdf”:
NOTE: In Chapter 7, the only time you will need to do this step is if the client is in business, where we need to attach a “business expenses” addendum to the filing.
[ ] Edocs is NOT Needed öI will go on to the next step.
[ ] Client is in business ö I will complete this step.
Further Note: This assumes there is an Edocs.wpd document. In many cases, there will not be. Example: Chapter 7 case => not in business =>using Sch. C created by Bestcase
Immediately after the signing, I opened up the final, most up-to-date Edocs.wpd file in WordPerfect, and while still in WordPerfect, with this form open on the screen, and with a flash drive (the one I keep this client’s documents-to-be-filed on) inserted into my computer, I did the following:
[ ] I clicked on the File menu choice.
[ ] I then clicked on the “Publish to PDF” choice.
[ ] I then clicked on the “Browse” button and navigated to the flash drive.
[ ] In the File Name box, and crucially important I named and saved the file as "(client’s last name)-edocs.pdf".
Note: Since you are all presumably using one large flash drive to keep all of the documents-to-be-filed, you can only save one “edocs.pdf” on the drive without overwriting the prior file by the same name. That is, say want to save to your flash drive the “edocs” documents for 3 different clients, you couldn’t do so if you wanted to name them all “edocs.pdf”. Easy solution: Therefore, it makes sense to give each “edocs” documents a unique name. My suggestion: The client’s last name, followed a dash, following by “edocs.pdf”. Example: Client John Smith. You would name the file “smith-edocs.pdf”. If, on the rare occasion that you have to keep on your flash drive more than one client with the same last name, you could, as an alternative, use “(client’s last name)-(client’s first name)-edocs.pdf”. Example: John Smith would become “Smith-Johnedocs.pdf”.
CRUCIALLY IMPORTANT: If, for any reason, you later need to make any changes to this document, you MUST first make your changes in WordPerfect to the Edocs.wpd file, AND then re-save it to your flash drive as “(client’s last name)- edocs.pdf”. IT IS NOT ENOUGH TO UPDATE THE EDOCS.WPD FILE.
POWER OF ATTORNEY Transmittal to ECF Clerk: If this case is being filed using a Power of Attorney:
[ ] I scanned and emailed to the ECF Clerk a copy of the fully completed, signed and certified Power of Attorney. The email address is __________________________
[ ] On my email, on the “Subject” line, I typed in the full names of the client(s) and in the body of the email, I typed in “Power of attorney for filing: Rest of filing to follow”
[ ] I saved a copy of my email in TimeMatters.
[ ] I made sure that the a copy of the completed, signed and certified Power of Attorney has been scanned and saved into the client’s “Case” file in TimeMatters using Adobe and “TM Save”, assigning it the “Power of Attorney” “doc type”. If not, I scanned and saved a copy there.
Electronic Filing: I certify that all of the following have been completed: [ ] All of the steps listed above on this checklist have been completed.
[ ] HOT FILE: If this is a HOT FILE, this file was finished and is about to be submitted to the Electronic Filing clerk on or before a date that fully complies with the instructions set forth in TimeMatters and also the INTERVIEWER’S FORM.
[ ] WAIT FILE conditions: All WAIT FILE conditions have been fully satisfied and complied with. Important Note: If not, stop and check on this, and if need be, check with an attorney or more experienced paralegal. This is super important. Do NOT file a case before the “Wait File” date has been reached without getting permission from an attorney to do so.
[ ] PDF documents: The flash drive containing the client’s documents-to-be-filed contains the newest, most up-to-date version of the following 2 files: (1) “(client’s last name)-edocs.pdf” and (2) Power of Attorney (if the case was signed by Power of Attorney) converted to .pdf format.
[ ] BestCase documents: Best Case on Citrix contains a copy of the most up-to-date information on the client.
[ ] Credit Counseling: The client(s) have completed their credit counseling through DECAF and we have a certification for each client, or that the counseling was through a non-DECAF company:
[ ]Non-DECAF company: We have scanned & emailed the certificates of completion to the ECF Clerk Dave Fleenor at _________________________
[ ] Up front money: That all necessary up-front money (if any) as required per the fee contract has been received.
Note: All money needs to have been received for the filing of a Chapter 7 petition.
Important Note: Do NOT take a personal check for any money received in the 7 days prior to the proposed filing date. This check could bounce for insufficient funds. Also, a tricky client could “stop payment” on it. Bottom line: We need to make sure we get all monies paid prior to filing or we may be prohibited from collecting it afterward.
[ ] Email to ECF Filing Clerk: With the flash drive containing the client’s documents-to-be-filed inserted into to my computer, I wrote an email addressed to our ECF Filing Clerk (Dave Fleenor, email: _______________________ which includes the following information:
[ ] Subject line: Type ECF (and the word HOT if the file has to be filed today)(and the word EMERGENCY if the file has to be filed immediately).
[ ] Request: That the client’s case be filed.
[ ] Type Of Filing: "Single" or "Joint", whichever applies.
[ ] Client Names and the last four digits of their Social Security Numbers:
[ ] I typed in the client's first and last name and the last four digits of his/her social security number, where indicated, or, in the case of a "joint" filing, the first and last names and the last four digits of the social security numbers of both clients.
Note: Make sure you type in this information correctly. For quality control, the ECF Clerk will compare this information against the information in BestCase.
[ ] District to file in: “Eastern”
[ ] Chapter: 7
[ ] Power of Attorney (if applicable):
[ ] That the case was signed using a Power of Attorney. Note: Make sure you have scanned in and saved the Power of Attorney into the client’s “Case” file in TimeMatters using Adobe and “TM Save”, assigning it the “doc type” called “Power of Attorney”.
[ ] That you have included with this email a copy of the Power of Attorney in .pdf format. Note: If you need additional instructions on the Power of Attorney steps, then refer to the section labeled “POWER OF ATTORNEY Transmittal to ECF Clerk:”
[ ] Any and all special Instructions or comments to the ECF Clerk. Note:If there is any important information or instructions you need to convey to the ECF Clerk about this case, make sure to include it in your email.
[ ] HOT FILE: If this is a Hot File that must be filed TODAY.
[ ] EMERGENCY FILING: If this is an Emergency Filing.
[ ] I typed EMERGENCY FILING in the email “subject” line.
[ ] I explained why this file is an Emergency Filing.
Note: Emergency Filing is where there is a substantial threat of immediate repossession OR where a foreclosure sale has already taken place: This is our highest priority. In other words, where there is a substantial threat of immediate repossession of a vehicle or a mobile home OR a foreclosure sale has already taken place, in which case a case number is needed ASAP.
Note: Sending an with an Emergency flag will cause the ECF Clerk to stop whatever he is doing and give this case the highest priority in filing it as soon as possible.
[ ] Attached files from flash drive:
[ ] I have attached to the email the newest, most up-to-date version of the “(client’s last name)-edocs.pdf” file OR
[ ] There is no edocs.pdf because there are no documents to put in it.
[ ] If the case was signed by Power of Attorney, (2) the Power of Attorney, converted to .pdf format.
Note: If you do not know how to attach these files to an email, please check with an attorney or more experienced paralegal. Make sure you are attached the correct and most up-to-date version.
TO DO AFTER FILE SUBMITTED TO ELECTRONIC FILING CLERK:
Electronic Filing Follow Up:
[ ] Electronic Filing With The Court Complete: I have checked my Email and have received back from the Electronic Filing Clerk confirmation that the case was filed with the Court and the Case Number. The Case Number and Trustee assigned by the Court is:
Case Number: ________________________________
Chapter 7 Trustee: ________________________________________
HOT FILE: In the case of a Hot File and the Hot File date is today or tomorrow (as opposed to 2 or more days out), if you don’t hear back from the ECF Clerk within 2 hours, please call the ECF Clerk at (919) 882-3882 to make sure he got your submission.
NOT HOT FILE: If you don't get Email confirmation of the filing from the Electronic Filing Clerk (EFC) by the end of 2 full working days after you submitted the ECF_ Filing Request, please call the EFC Clerk to check on the status of the filing.
Having Received The Case Number
STATEMENT OF INTENTION:
[ ] I mailed a copy of this document to each secured creditor and each unexpired personal property lease creditor.
[ ] Then, with efiller open, I typed the bankruptcy case number onto the Certificate of Service of Statement of Intention.
[ ] I then “blocked” the Certificate of Service (to highlight and isolate it) and then clicked on “File” tab, and then the “Publish to PDF” choice (to convert it to .pdf format).
[ ] I then saved the resulting .pdf version to the flash drive, naming it "ccsi.pdf".
[ ] I then opened the client's file in BestCase, and then "attached" the "ccsi.pdf" file to the Statement of Intention.
[ ] Using the ECF Express, I efiled the Certificate of Service (not also the Statement of Intention).
[ ] I printed out and scanned in the client's file the resulting Notice of Electronic filing.
EASTERN DISTRICT Only:
All documents (before sending to BA or Trustees):
[ ] Crossed Out Privacy Info: I checked all paycheck stubs and other evidence of income AND the client's Federal tax return for last year (if the client filed one) to make sure that the following information was "blacked" out: (1) All but the last four(4) digits of te Social Security Number, and (2) The names of all minor children. =======================================================================
Bankruptcy Administrator (Email Procedure):
Documents That Must Be Emailed To The Bankruptcy Administrator (and to some Trustees), as soon as we have a case number:
[ ] For each client, The client’s case in TimeMatters contains a copy of all of the following documents:
(1) Statement Concerning Payment Advices and Tax Return,
(2) All available pay stubs received in the last 60 days, and
(3) If the client filed a Federal income tax return for “last year”, a copy of the “redacted” Federal tax return (plus all attachments)(OR a copy of the “redacted” “Return Transcript” obtained from the IRS)
(4) If the client did not file a Federal tax return for “last year”, a “redacted” copy of the "LAST FILED" Federal tax return, if one was filed in the last 4 years.
(5) Uniform EDNC Bankruptcy Document Request Form.
[ ] IMPORTANT: Unless this was already done, I have taken the steps to make sure that a copy of all these documents are included in a document file called “For Trustee: Statement, Tax Return, PaysAdvices, Etc.”
Having received the case number, I completed all of the following steps:
[ ] On the “Case” list in TimeMatters, I highlighted (one click) the client’s file name. Then in the Summary View powerview to the right, I clicked on the word “Docs” in the blue header. Then, I found and clicked (one click) on the document called: “For Trustee - Statement, Tax Return, Pay Advices, etc.” (Doing so opens the document in Adobe Acrobat.
[ ] In Adobe Acrobat, at the top, I clicked on “File” menu and then “Attach to Email”. (Doing so opens the Outlook email program with the document attached.)
To line: I filled in the "To.." line as follows: "means_test@nceba.uscourts.gov",
Subject line: On the "Subject:" line, delete the words "Untitled.pdf", and added the following: (1) Client's bankruptcy case number, followed by, (2) Client's lastname.
Body of email: Nothing is needed, unless you have something special to mention or point out to the Trustee.
Then, click on the "Send" button.
Note: Doing so will send out the email and return you to the Adobe Acrobat program. There is no need to save this email to TimeMatters
[ ] I TM Saved a copy of my email to the client’s Case in TimeMatters.
Trustees Sparkman, Crampton, Beaman, McKellar and Moore
[ ] For each client, The client’s case in TimeMatters contains a copy of all of the following documents:
(1) Statement Concerning Payment Advices and Tax Return,
(2) All available pay stubs received in the last 60 days, and
(3) If the client filed a Federal income tax return for “last year”, a copy of the “redacted” Federal tax return (plus all attachments)(OR a copy of the “redacted” “Return Transcript” obtained from the IRS)
(4) If the client did not file a Federal tax return for “last year”, a “redacted” copy of the "LAST FILED" Federal tax return, if one was filed in the last 4 years.
(5) Uniform EDNC Bankruptcy Document Request Form.
(6) Copy of Picture ID.
(7) Copy of proof of full Social Security Number.
(8) Chapter 7 Trustee Questionnaire [ ] Trustee Moore ALSO wants:
(9) Copy of the bank statements for ALL bank accounts, covering the date of filing,
[ ] IMPORTANT: Unless this was already done, I have taken the steps to make sure that a copy of all these documents are included in a document file called “For Trustee: Statement, Tax Return, PaysAdvices, Etc.”
Uploading procedure:
[ ] I inserted a flash drive into my USB port. Then, I opened TimeMatters, clicked on the “Cases” icon, found the client’s case, and clicked on it. In the powerview to the right, I located the document entitled: “For Trustee: Statement/TaxReturn/PayAdvices/Etc.”** I then doubleclicked on the description for this document. Doing so opens the document in my Adobe Acrobat program.
[ ] I then took a moment to check over the document one more time to make sure everything needed is present. If something was missing, I went back into TimeMatters and took the steps necessary to make sure the all necessary items are added to this file, and then I opened the document up again in Adobe Acrobat.
[ ] In Adobe, I then clicked on “File”, then “Save As” and navigated to my flash drive, and then saved the file, naming it using something I will recognize on my flash drive (for example, the client’s last name).
[ ] I then opened my internet browser (outside of Citrix) and went to the following website: https://documentdelivery.axosfs.com and logged in using the following credentials:
Username:
Password:
[ ] I then did the following: In the upper right-hand portion of the screen, I clicked on the up-arrow with a circle around it (which is right next to the house icon). Then, in the drop down box, I selected which trustee to send the documents to. Then I clicked on Case # field and typed in the client’s bankruptcy case number. Then, I clicked inside the big white box that states “Drag and drop files into the box area to upload (or clicked anywhere within the box area to browsed for our upload files). Only PDF files under 20 MB are accepted.” Doing so should bring up our "open" directory. I then navigated to my flash drive I then “selected” the client’s file and clicked "open". Doing do loaded this file in the big white box. Then, I clicked “Next”. Then, under the category "Doc Category", I selected "tax returns". I then clicked “Finish”. DONE.
Note: To see what I have uploaded to the Trustee, and to make sure I uploaded the correct file, if need be, I can check the "Document History" on the home screen.
Trustees Harden (Stretto):
[ ] For each client, I made sure that the client’s case in TimeMatters contains a copy of all of the following documents:
(1) Statement Concerning Payment Advices and Tax Return,
(2) Federal income tax returns for the last 2 years (if filed),
(3) Monthly bank statements for the 90 days prior to filing, plus the bank statement for the 1st month after filing,
(4) Pay advices (read: Pay Stubs) for the 90 days prior to filing and
(5) Proof of insurance and all homes and vehicles.
(6) Uniform EDNC Bankruptcy Document Request Form.
(7) Copy of Picture ID.
(8) Copy of proof of Social Security Number.
(9) Chapter 7 Trustee Questionnaire
[ ] IMPORTANT: Unless this was already done, I have taken the steps to make sure that a copy of all these documents are included in a document file called “For Trustee: Statement, Tax Return, PaysAdvices, Etc.”
Upload procedure:
[ ] First, insert into your USB port a flash drive. Then, open TimeMatters, click on the “Cases” icon, find the client’s case, and click on it. In the powerview to the right, locate the document entitled: “For Trustee: Statement/TaxReturn/PayAdvices/Etc.”** Double-click on the description for this document. Doing so will open the document in your Adobe Acrobat program. Take a moment to check over the document to make sure everything needed is present. If something is missing, please take whatever steps are necessary to make sure the all those items are added to this scanned filed.
** It might be called something slightly different for cases where this document was created prior to its being given this name.
[ ] Find the last two Federal tax returns filed tax return, make sure it is “redacted”, and then save it to a flash drive, naming it “Tax Returns”. (Debtor and Codebtor can be saved to the same file.)
[ ] Next, separately, save the last 90 days of pay advices to the flash drive, naming them “Pay Stubs” (Debtor and Codebtor pay advices can be saved to the same file.)
[ ] Next, separately, save the last 90 days of Bank Statements to the flash drive, naming them “Bank Statements” (Debtor and Codebtor can be saved to the same file.)
[ ] Next, separately, save the Uniform EDNC Bankruptcy Document Request Form to the flash drive, naming it “Uniform”
[ ] Next, separately, save the Trustee Questionnaire to the flash drive, naming it “Trustee Questionnaire.”
[ ] Then, open your Internet browser, and go to the following website: https://documentportal.stretto.com/
Note: You should save this website in your “favorites” for easy access in the future.
[ ] In the upper-right hand corner of the screen, click on “Login” and then input the following login info:
Username:
Password:
[ ] Then fill in the “Security Check” box with the letters and numbers you see on the screen.
Note: Be careful. This is “case sensitive”.
[ ] Once logged in, you will see a list of cases we have filed. Select the case you want to upload documents for by clicking on the “blue“ case number hyperlink, and then press the “Upload Documents” button.
Note: You will be presented with a series of boxes. We only have to upload documents or information regarding the ones checked off as “Mandatory” (unless the Trustee has indicated otherwise).
Note: The way the system works, we must upload each document separately.
[ ] Follow the “STEPS” set forth on the STREETO screen that opens up, to finish uploading the necessary documents.
Note: If a document is not available to upload, fill out the “Document Availability” fields to tell the Trustee that the document is not available and the “Reason” it is not available.
Note: If an unavailable document later becomes available, repeat these procedures to upload a copy of it.
[ ] After you have uploaded necessary, available documents, click “Send Documents”, you are DONE.
Trustee Algernon (Al) Butler:
[ ] Crossed Out Privacy Info: I checked all paycheck stubs and other evidence of income AND the client's Federal income tax return (last filed, if any) to make sure that the following information was "blacked" out: (1) All but the last four(4) digits of the Social Security Number, and (2) The names of all minor children.
[ ] For each client, I made sure that the client’s case in TimeMatters contains a copy of all of the following documents:
(1) Copy of the last filed Federal income tax return (if any was filed), including all schedules and attachments (Do NOT need state income tax return)
(2) Copy of all pay stubs or other proof of employment income for the 60 days prior filing,
(3) Copy of the bank statements for ALL bank accounts, covering the date of filing,
(4) For each piece of real property the client’s name is on (aka titled in the name of) (including, land / land and home / land and any kind of building), a copy of the Deed (from client or off of the County Register of Deeds website).
(5) Copy of the Promissory note (must get from client) AND Deed of Trust (aka mortgage)(from client or off of the County Register of Deeds website) for each and every mortgage against any and all property in the name of the client(s).
(6) Completed and signed Uniform Document Request Form.
(7) Copy of Picture ID.
(8) Copy of proof of Social Security Number.
(9) Chapter 7 Trustee Questionnaire
Note: If need be, we can usually get a copy of the Deed and Deed of Trust “online” off of the website for the Register of Deeds for the county in which each property is located, but since the Promissory note for the mortgage is NOT “recorded”, you must get a copy of it from the client(s).
[ ] IMPORTANT: Unless this was already done, I have taken the steps to make sure that a copy of all these documents are included in a document file called “For Trustee: Statement, Tax Return, PaysAdvices, Etc.”
Uploading procedure:
[ ] I inserted a flash drive into my USB port. Then, I opened TimeMatters, clicked on the “Cases” icon, found the client’s case, and clicked on it. In the powerview to the right, I located the document entitled: “For Trustee: Statement/TaxReturn/PayAdvices/Etc.”** I then doubleclicked on the description for this document. Doing so opens the document in my Adobe Acrobat program.
[ ] I then took a moment to check over the document one more time to make sure everything needed is present. If something was missing, I went back into TimeMatters and took the steps necessary to make sure the all necessary items are added to this file, and then I opened the document up again in Adobe Acrobat.
[ ] In Adobe, I then clicked on “File”, then “Save As” and navigated to my flash drive, and then saved the file, naming it using something I will recognize on my flash drive (for example, the client’s last name).
[ ] I then opened my internet browser (outside of Citrix) and went to the following website: https://documentdelivery.axosfs.com and logged in using the following credentials:
Username:
Password:
[ ] I then did the following: In the upper right-hand portion of the screen, I clicked on the up-arrow with a circle around it (which is right next to the house icon). Then, in the drop down box, I selected which trustee to send the documents to. Then I clicked on Case # field and typed in the client’s bankruptcy case number. Then, I clicked inside the big white box that states “Drag and drop files into the box area to upload (or clicked anywhere within the box area to browsed for our upload files). Only PDF files under 20 MB are accepted.” Doing so should bring up our "open" directory. I then navigated to my flash drive I then “selected” the client’s file and clicked "open". Doing do loaded this file in the big white box. Then, I clicked “Next”. Then, under the category "Doc Category", I selected "tax returns". I then clicked “Finish”. DONE.
Note: To see what I have uploaded to the Trustee, and to make sure I uploaded the correct file, if need be, I can check the "Document History" on the home screen.
Trustees Bircher, Angell & Sink (BlueStylus document upload procedure):
First, determine what documents this Trustee requires for this particular case. To do this:
[ ] Go to https://apps.bluestylus.com/Login.aspx login using the following credentials:
Email address:
Password:
[ ] I also uploaded a copy of the signed “Uniform EDNC Bankruptcy Document Request Form” and the “Chapter 7 Trustee Questionnaire”
[ ] Click on “Bankruptcy Trustees”, then click on the Trustee’s name, and then, of the bankruptcy cases shown, click on the client’s case name.
[ ] Check to see what documents are required. If need be, make a list.
NOTE: If a document is required, it will have a tiny red asterisk (*) located just before the name of the particular document. If there is no tiny red asterisk, the document is NOT currently required.
Next, make sure we have the necessary documents and that they are scanned into the client’s case file in TimeMatters under the doctype “For Trustee: Statement/TaxReturn/ PayAdvices/Etc.”.
Note: If some are missing, and you are not sure what to do, check with a more experienced paralegal or attorney.
Next, copy the documents from TimeMatters onto a flash drive:
[ ] First, insert into your USB port a flash drive. Then, open TimeMatters, click on the “Cases” icon, find the client’s case, and click on it. In the powerview to the right, locate the document entitled: “For Trustee: Statement/TaxReturn/ PayAdvices/Etc.”** Double-click on the description for this document. Doing so will open the document in your Adobe Acrobat program. Take a moment to check over the document to make sure everything needed is present. If something is missing, please take whatever steps are necessary to make sure the all those items are added to this scanned filed.
** It might be called something slightly different for cases where this document was created prior to its being given this name.
Next, go back into the BlueSylus program as indicated above, clicking on “Bankruptcy Trustees”, then the Trustee’s name, then the client’s names. Now, with the flash drive plugged into your computer, you are ready to upload document (read transfer documents from the flash drive to the BlueStylus program).
How to upload the documents:
[ ] Click on “Upload Documents” at the top left, above the first checklist item.
[ ] Then, click on the “Add Item” and browse to your flash drive, locate the document you want to upload, and click on “ok” or whatever is necessary to grab and upload the document. Repeat this step for each document you want to upload.
[ ] Then, choose the checklist item to link the document(s) to in the drop down.
[ ] Then, click Start Upload.
Note: The Trustee will automatically see these documents after you upload them.
Note: Remember, there is a “not applicable” feature if you need it, as indicated above. If, for some reason, you cannot upload a required document, then click on the white space next to the YES and input the reason the checklist item is not applicable. For example: Client does not work or has not filed any tax returns in recent years, or client does not have or cannot find a document, etc.
STOPPING PAYROLL DEDUCTION: If monies are being taken out of the client’s paycheck by an employer to pay a creditor (usually a credit union loan) or judgment or court order (other than alimony or child support): I did ALL of the following:
[ ] Called the employer’s payroll person or department and informed the employer of the filing.
[ ] While on the phone, I got the name and contact information necessary to fax, email or mail a confirming “Notice of Bankruptcy” letter.
[ ] Also, drafted and faxed, mailed or emailed the employer a “Notice of Bankruptcy” letter using the “362 NOTICE TO CREDITOR” HotDocs form located in the “Post Filing” folder,
[ ] “Saved to TM” a copy of the letter (or email or fax confirmation) in the client’s TimeMatters “Case” file.
[ ] In saving to TimeMatters, I chose the DOC TYPE called “..362".
[ ] Also, filled out, scanned and saved to TimeMatters a “PROOF OF TELEPHONE NOTICE TO CREDITOR” form
NOTE: Form is located in HotDocs in the “Post Filing” folder.
STOPPING WAGE GARNISHMENT (or THREAT OF GARNISHMENT) BY N.C. DEPT OF REVENUE: I did ALL of the following:
[ ] Called and informed the Bankruptcy Unit of the Dept. of Revenue of the filing.
NOTE: The telephone number for the Bankruptcy Unit is 919-754-2542.
[ ] Filled out, scanned and “Saved to TM” to the client’s “Case” file in TimeMatters a PROOF OF TELEPHONE NOTICE TO CREDITOR form.
NOTE: Form is located in HotDocs in the “Post Filing” folder.
[ ] In saving to TimeMatters, I chose the DOC TYPE called “..362"
STOPPING LEVY OR THREAT OF LEVY BY IRS: I did ALL of the following:
[ ] I printed out or consulted the HotDocs form called “IRS CONTACT INFO” to find out who to call at the IRS.
NOTE: Form is locate in the “IRS” subfolder in the “Post Filing” folder in the HotDocs library.
[ ] Called the correct IRS contact person and informed the IRS of the filing.
[ ] Filled out, scanned and “Saved to TM” in the client’s “Case” file in TimeMatters a “PROOF OF TELEPHONE NOTICE TO CREDITOR” form.
NOTE: Form is located in HotDocs in the “Post Filing” folder.
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Serving All of North Carolina
- Bankruptcy Attorneys Raleigh NC (North)
- Bankruptcy Attorney Fayetteville NC
- Bankruptcy Attorney Durham NC
- Bankruptcy Attorneys Wilson NC
- Bankruptcy Attorneys Greensboro NC
- Bankruptcy Attorneys Southport NC
- Bankruptcy Attorneys Wilmington NC
Bankruptcy Attorneys Raleigh NC (North)
6616 Six Forks Rd #203 Raleigh, NC 27615 North Carolina
Tel: (919) 847-9750
Bankruptcy Attorney Fayetteville NC
2711 Breezewood Ave Fayetteville, NC 28303 North Carolina
Tel: (910) 323-2972
Bankruptcy Attorney Durham NC
1738 Hillandale Rd Suite D Durham, NC 27705 North Carolina
Tel: (919) 286-1695
Bankruptcy Attorneys Greensboro NC
2100 W Cornwallis Dr. STE O Greensboro, NC 27408 North Carolina
Tel: (336) 542-5993
Bankruptcy Attorneys Southport NC
116 N Howe St. Suite A Southport, NC 28461 North Carolina
Tel: (910) 218-8682
Bankruptcy Attorneys Wilmington NC
116 N. Howe Street, Suite A Southport, NC 28461 North Carolina
Tel: (910) 447-2987
