The documents needed to file bankruptcy fall into five groups: proof of identity, proof of income, tax returns, a full list of what you owe, and a full picture of what you own and spend. Gathering them early makes the petition more accurate, shortens the back-and-forth with your attorney, and lowers the chance of trouble with the trustee later.
If you already have a stack of notices on the kitchen table, you do not need to sort it perfectly first. Call (415) 754-0115 to schedule your free consultation, or use the contact page, and bring what you have. An attorney can tell you what is missing.
Why the documents needed to file bankruptcy matter so much
A bankruptcy case is built on sworn forms. Your petition, schedules and Statement of Financial Affairs are signed under penalty of perjury, and the trustee assigned to your case compares them against your records. Missing income, a forgotten bank account or an unlisted transfer can lead to delays, a request for amended forms, or in serious cases an objection to your discharge.
Good records also shape strategy. The same documents that prove your income decide whether Chapter 7 is available, and the same statements that show your assets decide which California exemption system protects more of your property.
Identity and household documents
Start with the basics that let the court and trustee confirm who you are:
- A current government-issued photo ID, such as a driver's license or passport
- Proof of your Social Security number, such as your Social Security card or a W-2 showing the number
- Information about everyone in your household, including dependents, because household size affects the means test
- Any divorce decree, separation agreement or support order
If you are married and only one spouse is filing, an attorney will still ask about the other spouse's income, because California is a community property state and household income can matter.
Income records and the means test
Income documents are the heart of the file. The Bankruptcy Code requires you to provide payment advices, usually pay stubs, received in the 60 days before filing. The bankruptcy means test also looks at your average income over the six full months before your case, so your attorney will usually ask for more than the last two months.
If you are an employee
Bring every pay stub for at least the last six months, plus records of overtime, bonuses or commissions. If you changed jobs, bring stubs from both employers.
If you are self-employed or own a small business
Bring profit and loss statements, business bank statements, invoices or 1099s, and records of business expenses. Self-employed filers often need to show both gross receipts and the ordinary costs of running the business.
Other income that counts
Rental income, unemployment benefits, pension payments, regular help from family members and child or spousal support received all belong on the forms. Social Security benefits are treated differently in the means test, but your attorney still needs to know about them.
Tax returns and tax debts
You must give the trustee a copy of your most recent federal tax return, or a transcript, before the meeting of creditors. Many attorneys ask for the last two to four years of federal and California returns, because they show income trends, refunds you may be expecting and whether any tax debt might be dischargeable.
If you have IRS or Franchise Tax Board notices, bring them all. In Chapter 13, you generally must have filed your tax returns for the four years before the case. If some returns were never filed, say so at the consultation; it is a common problem with workable solutions.
What you owe: building the creditor list
Every creditor must be listed, including ones you plan to keep paying. Helpful records include:
- Recent credit card and personal loan statements
- Mortgage, home equity line and car loan statements
- Medical bills and collection agency letters
- Student loan statements
- Any lawsuit papers, judgments, wage garnishment orders or bank levy notices
- Debts you co-signed for someone else, and debts owed to family members
A copy of your credit report is a useful cross-check, but it rarely shows everything. Medical debts, old judgments and personal loans from friends often do not appear on it.
What you own and spend
The schedules ask for a full inventory of property and a realistic monthly budget. Bring:
- Bank and credit union statements for every account, usually for several months
- Retirement account statements, such as 401(k), IRA or pension summaries
- Vehicle titles or registration, plus the loan balance
- Your deed, a recent mortgage statement and any recent home value estimate
- Life insurance policies with cash value
- Records of household bills: rent, utilities, insurance, childcare and transportation
These records feed directly into the exemption analysis. California offers two exemption systems, and which one fits depends on whether you have home equity, a car, retirement savings or other assets. Our guide to bankruptcy exemptions in California explains the difference in general terms.
Recent transfers and payments
The Statement of Financial Affairs asks about property you sold or gave away in the last two years, and payments to relatives or other insiders in the last year. Bring records of any car sale, gift, property transfer or repayment of a family loan. Disclosing them is required, and an attorney can explain how the trustee may view them.
The credit counseling certificate and next steps
Before filing, you must complete a credit counseling course from an approved provider within the 180 days before your case. The provider issues a certificate that is filed with your petition. Our article on credit counseling before bankruptcy walks through that step.
Once the documents are collected, your attorney prepares the petition and schedules, reviews them with you line by line, and files the case. For Pleasanton, Dublin, Livermore and San Ramon residents, that filing goes to the U.S. Bankruptcy Court for the Northern District of California. The Somal Law Firm handles Chapter 7 and Chapter 13 cases as part of its bankruptcy and debt relief practice, and attorney Bob Somal reviews the paperwork with clients before anything is signed.
Frequently asked questions
What if I cannot find some of my documents?
That is common. Banks, employers and the IRS can provide copies or transcripts, and an attorney can help you request them. Bring what you have to the first meeting rather than waiting until the file is complete.
Do I need different documents for Chapter 7 and Chapter 13?
The core list is the same. Chapter 13 usually requires closer attention to monthly income and expenses, because they set the repayment plan, and it requires recent tax returns to be filed.
How far back do bank statements need to go?
Trustees commonly ask for statements covering the period around your filing date, and attorneys often request several months to check deposits and transfers. Your attorney will tell you the exact range for your case.
Will I have to bring these documents to court?
Most are sent to your attorney and the trustee, not to a judge. You will need your photo ID and proof of your Social Security number at the meeting of creditors.
When you are ready to start, call (415) 754-0115 to schedule your free consultation with The Somal Law Firm in Pleasanton. You can also reach us through the contact page. Bring whatever paperwork you have, and the attorney will review your situation and give you a clear list of anything else needed.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.