Barry Broughton, Attorney At Law
Preparing for Bankruptcy

Traditionally, I asked clients or possible clients that were considering bankruptcy relief, to complete paper questionnaires.  These work sheets are intended to provide information that I need, to act as an advisor on financial matters including a possible bankruptcy filing.  However, as of May 2005, an Internet web site has become available, that allows people that would prefer to work on line, rather than on paper, to submit information to me over the Internet.

If an advisee is more comfortable using paper work sheets, I am happy to oblige.  Feel free to contact me for copies of the paper questionnaires if you are more comfortable using them, than you are working on a computer.

HOW TO USE THE INTERNET QUESTIONNAIRE

NOTES: I understand this web site to be secure, but all persons using the web site are relying upon its owners to keep their information secure and confidential, while the information is on that web site.  And anyone transmitting information over the internet is responsible for keeping snoopers out of their computers and internet data streams.

I will treat any information that I retrieve from the website as confidential and attorney-client privileged, to the full extent allowed by law.

I suggest that you print out this page of the web site (or at least the Information to Help You Complete the Questionnaire portion of this page), before going to the website.

If you send me a message from the questionnaire web site, please include your email address or telephone number in the text of your message.

How to Get on to the Questionnaire Website

Go to www.StopMyBills.com.

Enter my account I.D., that may be provided to you after your initial contact with me.

Enter your social security number to identify your specific data base.

Complete the questionnaire.  Answering every question is important.  I need all of the data requested to properly assist you.

Information to Help You Complete the Questionnaire

Concerning creditors. Please list all debts you have including the ones that you do not agree that you owe.

Be sure to include any debts or alleged debts for--

taxes,

alimony (or spousal maintenance), or child support,

(for anyone with employees or whose closely-held business has employees), wages owed to employees,

student loans,

credit cards,

loans without collateral,

loans from friends, relatives or employers,

someone else's obligations, that you have co-signed,

and miscellaneous bills.

If you are renting or leasing anything (car? equipment? apartment? office or storage space?), list the landlord or lessor, too.

If you do not believe that you owe, and a would-be creditor claims that you do, the claim is disputed, and we need to know about that.

What to Tell Me about Your Creditors

For each creditor, I need to know its--

correct correspondence address,

amount owed,

date that the debt was incurred (if possible to determine), and

what the bill is for.

It is usually easiest to cull this information from a recent bill. A credit report is sometimes useful, but credit reports are rarely accurate in their entirety.

Collateral

If a creditor has or claims to have collateral, we need to know what that collateral is, and if possible, what you think the collateral is worth.  Worth means (1) what you could get for it if you had to sell it right away, and (2) what it would cost you to replace it.

Debts in the Hands of Collection Agencies

If a debt has been turned over to a collection agency, then list its name, address, and its account number for your account; we also need to know who the original creditor was, and what that creditor?s correspondence address is.

Last (for this Message) but Not Least Words on Creditors

Please, make sure that you give me current correspondence addresses, especially if the debts are old. Make sure that you include everybody. Doing so will save money in the long run, because creditor address changes and additions must be filed with the court, and can be costly. Failing to list a creditor at all, in a bankruptcy case, can lead to unfortunate results. It is much more important to get the creditor identified correctly (correct name and address) than to state precisely how much you owe them. It would probably be well worth the effort to telephone old creditors if necessary (or use directory assistance or the internet) to verify current addresses.

Concerning Assets? Generally, for each item** (see below) of property, I need to know:

1. what is it?

2. who else shares ownership of it with the debtor, if anyone (spouse is assumed to share ownership as community property, unless there are special circumstances that make the property something other than community)?

3. is it collateral for a debt, and if so to whom?

4. what could you get for it, if you had to sell it quickly? AND (if it is collateral) what would it cost to replace it?

What "Assets" Do You Have to List?

Please note that many things are considered property by the court, not just your stuff. You will need to disclose--

insurance policies,

bank, credit union and brokerage accounts,

money/things owed to you, and

intangibles such as intellectual property as well as your tangible things

Please Read the Questions about Your Property Carefully, Whether You Are Working on Paper or On Line

I am happy offer explanations for any of these questions, if you do not understand what information is being asked for.

How to Help Yourself Remember What You Own

To help you remember what you have, you may wish to go room-by-room, visualizing the places that you keep your property, and what is in those places. You can go through your home or whereever you keep your things, room-by-room.  You can go through your financial records file by file, and remember any safe-deposit boxes or other such places where things-that-you-own may be stored, literally or figuratively.

The value of most of your household goods is the price you could sell them for at an appropriate quick sale. For jewelry (other than costume jewelry), antiques, cars, business equipment and the like, you might need to consult a dealer as to the value or a published source to get the liquidation value -- the price you could get for the item in a reasonably short time period. Usually it is helpful if I know what a dealer would sell the item for, as well as the liquidation value.

For motor vehicles, we need blue book retail and wholesale, if possible.  Remember that there are several "blue books", and you are not obliged to select one that hurts your cause.

How Much Detail Do You Have to Have?

** EACH ITEM of your property should ordinarily be listed and valued separately.

Items that are similar, worth less than $50 each, may lumped together for the sake of convenience. If an individual item is worth $50 or more, please list it separately. For example, "GE microwave oven, $50," and "Miscellaneous dishes and cookware, $60 [total value]."

Please be sure to list all your vehicles, pensions, insurance policies, bank accounts and child support or maintenance (alimony) arrearages due to you.

Concerning income and expenses. Remember that the bankruptcy system wants reasonable, good faith estimates of what you will earn and spend in the immediate future. If you are paid a regular salary, work from a typical pay check stub. If you have trouble estimating your anticipated living expenses (or business expenses), contact me. This information can be critical to the successful completion of a bankruptcy case, and you should not hesitate to contact me if you have questions.

Last word. Do not be surprised or frustrated if you have questions about what sort of information that I need, to assist you. In this brief discussion, it is impossible for me to anticipate every question that you might reasonably ask. Contact me if you are confused or need more explanation.

Barry Broughton

716 Congress Ave., Ste. 201

Austin, Texas 78701

Telephone: 512 * 472 3028

Telecopier: 512 * 472 3059

Email: barrybroughton@yahoo.com

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