Supporting Documents We Must Give the Trustee

In San Diego the trustees require a number of documents to support the facts set forth in the petition.  Here is a list:

[___] 1. Income Verification (i.e. pay advices for 6 months prior to
bankruptcy and/or Profit & Loss for business)
[___] 2. Valuation of motor vehicles
[___] 3. Pay-off documentation for motor vehicles (i.e. balance due)
[___] 4. Copies of vehicle registration(s)
[___] 5. Valuation of Real Property
[___] 6. Pay-off documentation for real property (i.e. balance due)
[___] 7. Closing statement on real property if acquired or refinanced within
one year of filing
[___] 8. Loan advances documentation (i.e. Evidence of Disbursements –
Guidelines II, 5 and 6)
[___] 9. UCC-1 (file stamped) and evidence of payoff balance
[___] 10. Financial Account Depository Statements (month of case filing)
[___] 11. Documentation of classification of retirement accounts
[___] 12. Proof of insurance (business—liability, workers compensation, etc.)
[___] 13. CCP §703.140(a) Waiver
[___] 14. Complete IRS Tax Return/Transcript (most recent tax year filed,
FEDERAL ONLY

Although it’s not on the above list most trustees require proof of liability insurance for each vehicle.

Most attorneys give the trustee the most recently received bank statements.  But then there is a gap between the cut off date on the statements and date of the filing of the petition.  Also there is a difference between the balances set forth on the last statement and the amounts in the bank accounts on the day we file.  Therefore the attorney must send a second set of bank statements which cover the gap.

The way I approach this issue is my client and I agree on a date for filing the bankruptcy. On that date I request that the client print out a transaction report which starts 60 days before we file and ends on the date we file.  When the client hands me the transaction reports I correct the account balances on the petition and they match perfectly.

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