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DISCLAIMER: This checklist is not intended as a comprehensive worksheet, but as an

aid to the attorney, and will require the use of additional forms and investigation as
judged necessary by the attorney.

BANKRUPTCY CHECKLIST
Chapter 7
Chapter 13

1.

Unsecured debts under $336,900, secured debt under $1,010,650;


Disposable income sufficient to fund the plan. (These figures are tied to
the consumer price index.)

JURISDICTION

Resided in district for the majority of the last 180 days before filing
Previous Chapter 7 filings discharged within 8 years (Date:
)
Previous Chapter 7 or Chapter 13 voluntary dismissal of case by debtor in which
Motion for Relief from Stay filed, dismissal must be more than 180 days prior to filing
of new case
Venue (If debtor has not lived in Oregon for the past two years, exemptions used for
bankruptcy purposes are where the debtor lived the majority of time between two and
two and a half years ago.)
Automatic stay (If one previous bankruptcy case is dismissed within one year of filing
current case, automatic stay terminates in 30 days. If two or more cases dismissed
within one year of filing current case, no automatic stay goes into effect. Debtor must
move to continue stay or reimpose stay.)
2.

IDENTIFY ALL DEBT

Non-dischargeable debt
Student loans
Not dischargeable unless undue hardship (Hardship is difficult to prove, but partial
discharge is possible.)

Tax debt
Determine date of filing or assessment and tax due date, including extensions,

offers to compromise, previous bankruptcies


Fines/penalties/tickets
Fraud, intentional, DUII, fiduciary duty, etc.
Restitution
Child/spousal support
Abusive use of credit cards
Debt assigned to bankruptcy spouse in General Judgment in divorce not
dischargeable (only applies to Chapter 7, not Chapter 13.)

Business debt
Business still operating
Corporation/partnership or sole proprietorship
Marital dispute / separation or divorce pending or imminent
Spouse/ex-spouse as creditor
Property settlement obligation owed
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Unsecured priority creditors (CLIENT TO PROVIDE LIST)


Taxes, employee withholdings
Deposits for others
Wages of employees
Child support, spousal support
Other
Unsecured non-priority creditors (CLIENT TO PROVIDE LIST)
Names/addresses/amount owed
Judgments/lawsuits pending
Preference payments to any creditors
Co-signors, joint debtors identified
Business or consumer
Liquidated or unliquidated
Disputed or uncontingent
Guarantees
Loans owed to closely held business
Obligations to pay debt owed to ex-spouse(s) pursuant to judgment
Secured creditors (CLIENT TO PROVIDE LIST)
Names/addresses
Value of secured property
Value of security interest
Any unsecured portion
Debtors intent regarding secured property
Business or consumer property secured
Judgments
Garnishments
Recent purchase of automobile (Check title work to ensure done properly to avoid
avoidance of lien by trustee.)
3.

ASSETS

All assets identified


Joint or common property identified
Real property
Personal property (all objects owned)
Items held for debtor by third party
Items held by debtor for third party
Property settlement, spousal support, child support
Cash
Bank/brokerage/credit union accounts
Stocks/bonds/investments
Interest in closely held business/corporation
Tax, rental, or other refunds
Pension/ retirement/stock options
Other
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Intangible property
Personal injury claims by debtor against third parties
Other claims by debtor against third parties Earned but unpaid wages due

debtor from employer


Inheritance pending or likely in the future (right to receive within 6 months of
filing date)
Assets not yet acquired, but acquisition imminent - dates established
Executory contracts
Sales, transfers, or gifts of property within one year
Loans owed by closely held business
Property settlement owed
Other

NOTE: The debtor must disclose claims that exist prior to the filing of the
petition, regardless of whether a claim is pending in a court proceeding or has yet
to be pursued in any way, and regardless of whether the debtor is even aware of
the claim. 11 U.S.C. Section 521.
Failure to list actual or potential claims may preclude the debtor from pursuing the
claim later in a non-bankruptcy action. Ask the debtor:

Have you been in an automobile accident in the last two years?


Have you ever suffered an injury at work?
Have you ever been terminated from your employment?
Do you think you could sue anyone for anything?
Have you ever filed a claim against an insurance company that you
think was wrongfully denied?
Are you involved in a probate matter or expecting to inherit
something shortly?
Have you ever consulted any other lawyer for any other purpose?

For more information, see Personal Injury Claims and Bankruptcy, PLF In Brief,
February 2008. Available online at www.osbplf.org.
4.

EXEMPTIONS (ORS Chapter 18)

Homestead/mobile home
Books, pictures, musical instruments
Wearing apparel, jewelry
Tools of trade
Vehicles
Animals
Household goods
Public property
Health aids
Spousal/child support
Victims assistance
Personal injury claim/future earnings [$10,000 exemption allowed for personal injury claims]
Miscellaneous exemptions

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5.

ATTORNEYS

6.

Public benefits, i.e., Social Security, workers compensation, welfare


Certain assets deposited in bank up to $7,500
Wages
Retirement plans/pensions/stock options
Firearms
Other

All attorneys identified


Attorney fees disclosed
Attorney fees shared (disclosed)
Funds in attorney trust accounts
OJIN search conducted to identify potential pending claims debtor may not have disclosed
Attorney requirements met
Initial retainer agreement within 5 days of first meeting with client(s)
Notify client(s) of debt relief agency disclosure within 3 days of offering services (Section
527(a)(2))
Obtain copies of tax returns for prior year
Obtain last 6 months of pay stubs from client(s) to calculate CMI (current monthly income)
File last 60 days of pay stubs with trustee
Obtain Credit Counseling Certificate from client(s) prior to filing and file with court
Client(s) to sign 342(b) notice prior to filing

STATUS OF DEBTOR

Income (Must have income from all sources in the last 6 months.)
Specific expenses/disposable income established
Judgment proof?
7.

LIEN AVOIDANCE

Non purchase money security interest in household goods


Judgment lien that impairs homestead exemption
8.

OTHER ISSUES
Transfers within last 4 years
Payments to creditors within 90 days
Payments to insiders within 1 year
Repossessions, foreclosures pending
Charitable contributions within last year
Secured transactions perfected properly (i.e. car title)
Timing of filing
Discharge for Chapter 13 same as Chapter 7 with exceptions under
11 USC 523(a)(15). Generally the same with limited exceptions.
Void judicial liens (judgments) that impair debtors homestead exemption

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Amend personal property and exemption schedules if needed to include any claims by
debtor against third parties not included in original bankruptcy filing. Promptly notify trustee
in writing.
9.

EFFECTS OF BANKRUPTCY

Credit
Automatic stay
Other

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10.

CLOSING LETTER
Send closing letter to debtor confirming that your representation is concluded
Return debtors original documents (keep copies for your file)
Inform debtor how long you will keep your file and when it will be destroyed
Include warning about claims discovered after discharge: If you later determine that you have
a claim against someone regarding events that happened before your bankruptcy, even if you
learn of your claim after your bankruptcy, contact me immediately. The claim may not belong
to you, and it may be necessary to reopen your bankruptcy case.

ELECTRONIC CASE FILING:


Set your spam or junk e-mail filters to allow receipt of e-notices from the Bankruptcy Court. Otherwise,
you may miss an important deadline or notice. You may need to make this change at the Internet
Service Provider (ISP) level and in the settings of your specific e-mail program. Example: Assume
Verizon is your ISP and Microsoft Outlook is your e-mail program. Log on to your e-mail account
with Verizon at www.verizon.net, and change the spam settings using Verizons Spam Detector. Do
the same with Outlook by changing your junk e-mail options (specific steps vary depending on which
version of Outlook you are using.) These steps assure that neither your ISP (Verizon) nor your e-mail
program (Outlook) will block e-mail from the Bankruptcy Court.
In addition, you may want to create an agent or rule in your e-mail program to forward copies of enotices to your staff if they are not automatically receiving them from the Bankruptcy Court.

INTERNET RESOURCES FOR BANKRUPTCY RULES, FEES, AND FORMS:


US Bankruptcy Court for the District of Oregon:
Home page: www.orb.uscourts.gov/
Rules/Orders/Forms: http://www.orb.uscourts.gov/. Click on Forms/Filing.
Also see the federal judiciary website, www.uscourts.gov/bkforms/index.html for generic forms which
must be revised to conform to local rules.

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