Chapter 13 Bankruptcy Chapter 7 Bankruptcy Law

Bankruptcy’s SOFA: Let’s Look under the Cushions

Bankruptcy's SOFA: Let's Look under the Cushions

The quantity of data you’re required to reveal in a chapter case is critical. Actually, the typical chapter petition I file on behalf of shoppers is anyplace from 45 as much as 60 pages lengthy. The rationale we kill so many timber with every chapter submitting is that the courtroom requires a considerable amount of info.

You might assume that each one it’s worthwhile to disclose is your money owed and you’re off to the races.  Nevertheless, there’s going to be extra required, a lot of which might be disclosed in the Assertion of Monetary Affairs, or as most chapter legal professionals name it, the “SOFA”.

Once I start working with a brand new chapter shopper I do know virtually instantly whether or not the case might be clean or not based mostly upon the info I collect that may go in the SOFA. Due to this, I assumed it will be useful to go over precisely what you’re required to reveal in the SOFA and why.  The SOFA has 25 questions.  Let’s begin plowing by means of them:

1. Revenue from Employment or Operation of a Enterprise

You’ll be required to reveal all revenue you might have acquired year-to-date in addition to all revenue acquired throughout the prior two (2) years.  This can present traditionally what sort of revenue you’ve got made and may clue the chapter courtroom in to any modifications.

2.  Revenue Different Than from Employment or Operation of a Enterprise

Whereas query no 1 offers with revenue you’ve gotten acquired out of your labor, query two is concentrated on all different varieties of revenue: Social Safety funds, retirement distributions, tax refunds, presents, inheritances, rental revenue, and so on.  Principally another money you’ve coming into your family must be disclosed right here in query quantity two.

Once more, the function of this disclosure is for the chapter courtroom and chapter trustee to get a grasp on what you have got historically earned and the place your revenue is coming from.

three.  Funds to Collectors

This query has an element (a) and an element (b).  Half (a) requires that you simply disclose any funds to your collectors that have been made in the final 90 days the place the complete quantity paid was greater than $600.  To be clear, they don’t seem to be asking when you have made a cost of greater than $600; they’re asking if in case you have paid a complete of greater than $600 to any specific creditor.  For instance, when you paid one creditor $225 for 3 months, you should disclose that right here.

Why do they care?  A few causes.  First, the chapter trustee is on the lookout for what are often known as preferential funds.  In case you pay a creditor greater than they might be entitled to under a chapter 7 chapter, the trustee can go and attempt to retrieve these funds after which distribute them on a professional rata foundation amongst your whole collectors.

Second, the trustee is in search of fraudulent transfers or preferential funds to relations.  For those who owe cash to a member of the family and repay them previous to submitting your chapter, the chapter trustee can ask that member of the family to return the cash and once more distribute it evenly amongst all your collectors.

Whereas half (a) is relevant to individuals whose money owed are primarily shopper sort money owed, half (b) applies to these individuals whose money owed are principally enterprise associated. If most of your money owed are enterprise associated then you’ll be required to reveal all funds made in the final 90 days the place the complete quantity paid to a single creditor was greater than $5,850.

four.  Lawsuits and Garnishments

Under this part you’re required to record all lawsuits you’ve gotten been a celebration to in the final twelve months.  Right here the chapter trustee is eager to know in case you are a celebration to a lawsuit the place chances are you’ll anticipate to obtain any type of pay out in the future.  Often the instances listed below are assortment lawsuits the place you’re being sued, however when you have been a plaintiff and anticipate to obtain compensation in a lawsuit, it must be listed right here.

Additional, if in case you have had your wages garnished or any property seized by your collectors it’s essential to record it right here.  The reason being there are circumstances the place the chapter trustee could possibly go to your creditor and get well cash or property they’ve seized and promote it and distribute any proceeds to your collectors.

5.  Repossession, Foreclosures, Voluntary Returns

Query 5 requires you to reveal any repossessions, foreclosures, or voluntary returns which have occurred in the final twelve months. Right here once more that is to provide the chapter courtroom the huge image with regards to your monetary state of affairs and to alert the chapter trustee to any switch of belongings out of your identify – even whether it is by way of the common assortment course of.

6.  Assignments and Receivership

This one isn’t often a problem for most individuals with shopper sort money owed.  However in case you have assigned (or transferred) any property to your collectors in the 120 days previous to the submitting of your chapter case you may be required to reveal it.

Likewise, if any of your property has been in the arms of a custodian, receiver, or different courtroom appointed official inside the one yr previous to your chapter submitting you will want to reveal it right here.

7.  Presents or Charitable Contributions

You’re required to reveal all presents or charitable contributions made inside the final yr with the exception of presents made to relations that have been lower than $200 or charitable contributions to non-family members that have been lower than $100.

Once more, the chapter courtroom and trustee are in search of the huge image in your funds and eager to see if there are any transfers they will undo to convey a refund to your collectors (as you’re seeing, this can be a theme in the SOFA).

eight.  Losses

Any losses sustained from hearth, theft, playing, or different damage or casualty throughout the final yr previous to your chapter submitting.

Once more, they’re in search of potential belongings, similar to private damage claims or lawsuits you could be concerned in the place they might swoop in and take the settlement on behalf of your collectors.

9.  Funds Made Associated to Debt Counseling or Chapter

The most common merchandise that’s positioned right here is the sum of money you’ve got paid your chapter lawyer.  In case you have been concerned in debt counseling or paid debt settlement charges in the final yr you may be required to reveal these as nicely.

With lawyer’s charges the chapter trustee needs to know what you paid your lawyer.  In chapter, what your lawyer fees is overseen by the chapter courtroom.  If they’re charging outdoors the norm in your state, they could ask your lawyer for justification as to why they charged you a lot.

I’ve additionally seen chapter trustees look into charges charged by debt settlement corporations and mortgage modification corporations as a result of a big charge was charged however no work finished.  In such instances they could attempt to consider if there’s any option to recoup cash in your collectors.

10.  Different Transfers

That is the catch-all query for transfers of belongings.  You’re required to reveal any asset you’ve got transferred (i.e. bought, given away, and so forth.) in the final two years, aside from in the bizarre course of what you are promoting of normal monetary dealings.

This implies when you have bought a automotive or given property away in the final two years it must be disclosed. The reason is is that you’re not allowed to provide your stuff away after which file for chapter.  By requiring you to reveal these transfers the trustee can consider whether or not the they will get well belongings that have been both given away or transferred for lower than what they have been truly value.

11.  Closed Monetary Accounts

If in case you have closed a monetary account in the final twelve months you should disclose it, together with the stability that was in the account when it was closed. The rationale right here is when you have closed an account previous to submitting your chapter case that had a considerable sum of money in it the chapter trustee goes to need to know the place it went. In the event you can’t account for it they may doubtless assume it’s under the mattress and should ask so that you can flip it over.

12.  Protected Deposit Bins

You’re required to reveal any protected deposit field you have got had in the final yr.  And also you guessed it, as a result of they need to know what stuff you’ve and the place it’s.

13.  Set-offs

Any set-offs by a creditor or a financial institution in the 90 days earlier than your chapter was filed have to be disclosed.  The most typical set-off is once you owe cash on a bank card you’ve got by means of your financial institution or credit score union they usually take cash out of your checking account to cowl a missed cost or delinquent account with out your permission.

14.  Property Held for One other Individual

The most typical disclosure right here is if you retailer property at your house that belongs to another person.  As an example in case you are driving a automotive that belongs to a member of the family or good friend then you definitely would disclose that right here.  The solutions to this query typically fill in gaps for the chapter trustee.  As an example in the event you don’t disclose proudly owning a automotive the trustee might marvel who you get round.

15.  Prior Handle

You’re required to reveal any prior handle you’ve gotten lived at in the final three years.  This may also help the chapter trustee perceive what your housing state of affairs has been and in addition how lengthy you’ve got lived in your present state.  When you have lived in your present state lower than two years, a special set of chapter exemptions will apply.

16.  Partner and Former Spouses

In case you are married however submitting with out your partner, you need to disclose your partner’s identify right here.  If in case you have been divorced or misplaced a partner by means of dying in the final eight (eight) years it should even be disclosed.

The rationale for that is to assist the chapter trustee perceive if there are any further belongings that have to be disclosed in group property states, attainable life insurance coverage proceeds of a current dying of a partner, or property acquired in a divorce settlement.

17.  Environmental Info

You need to record the identify and tackle of each website for which you might have acquired discover in writing by a governmental unit that you could be be liable or probably liable under or in violation of an Environmental Regulation.

As you may guess, this one isn’t too widespread.  The rationale it’s essential to disclose this info is should you had such a state of affairs the Environmental Safety Company might have a declare towards you in your chapter.

18. – 25. Nature and Location of Enterprise

Questions 18 by means of 25 are all for individuals who run their very own enterprise.  You’ll be required to reveal names, tax ID numbers, member and/or shareholders, and different numerous info on your enterprise.

Relying on the chapter of chapter you’re submitting there could also be belongings that may be liquidated or in case you are submitting a chapter 13 chapter it might affect how a lot you pay your collectors by way of the chapter.

So, if we glance under the cushions of the SOFA, we discover that we have now to reveal numerous info.  And as with all chapter provisions, the extra correct you could be the extra your chapter lawyer may help you and make the chapter course of as clean as attainable.

Schedule a Free Session!

John Skiba, Esq. John Skiba, Esq.

We provide a free session to debate your debt drawback and make it easier to put collectively a recreation plan to get rid of your debt as soon as and for all. Give us a name at (480) 420-4028

We will probably be in contact shortly to arrange your free session.

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