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Bankruptcy Basics & Process
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Student Loans in Bankruptcy
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Types of Loans & Special Circumstances
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State-Specific Guidance
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Legal Concepts & Requirements
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Comparisons & Decision Making
How to Prepare Financials for a Bankruptcy Attorney
Your Complete Guide to Organizing Financial Documents for Student Loan Discharge
At The Independence Law Firm, properly prepared financial documentation can make the difference between discharge success and failure. We’ve streamlined this process through hundreds of cases, and we’ll guide you through exactly what to gather, how to organize it, and why each piece matters for your student loan bankruptcy case.
Why Financial Preparation Matters
The Foundation of Your Case
- Proves undue hardship clearly
- Speeds up filing process
- Strengthens negotiation position
- Reduces legal costs
- Improves discharge odds
What Poor Preparation Costs
- Delayed filing
- Missed opportunities
- Weaker arguments
- Higher fees
- Potential case problems
The Master Document Checklist
Income Documentation (6 Months Minimum)
Employment Income
- □ Pay stubs (every single one)
- □ Year-to-date totals
- □ Employer letters
- □ Commission statements
- □ Bonus documentation
- □ Overtime records
Self-Employment Income
- □ Profit/loss statements
- □ Business bank statements
- □ 1099 forms
- □ Client payment records
- □ Business expense receipts
- □ Quarterly tax payments
Government Benefits
- □ Social Security letters
- □ Disability award letters
- □ Veterans benefits
- □ Unemployment records
- □ Food stamp documentation
- □ Housing assistance
Other Income Sources
- □ Pension statements
- □ Retirement distributions
- □ Alimony/child support
- □ Rental income
- □ Investment income
- □ Side gig earnings
Expense Documentation (Current Monthly)
Housing Costs
- □ Mortgage statements/lease
- □ Property tax bills
- □ Homeowners/renters insurance
- □ HOA fees
- □ Maintenance receipts
- □ Utility bills (all)
Transportation
- □ Car payments
- □ Auto insurance
- □ Registration/taxes
- □ Maintenance records
- □ Gas receipts (1 month)
- □ Public transit costs
Insurance Premiums
- □ Health insurance
- □ Dental/vision
- □ Life insurance
- □ Disability insurance
- □ Prescription plans
- □ Premium statements
Medical Expenses
- □ Doctor visit receipts
- □ Prescription costs
- □ Medical equipment
- □ Therapy costs
- □ Out-of-pocket expenses
- □ Payment plans
Family Expenses
- □ Childcare costs
- □ School expenses
- □ Child support orders
- □ Elder care costs
- □ Special needs expenses
- □ Court orders
Asset Documentation
Bank Accounts
- □ 6 months statements (all accounts)
- □ Current balances
- □ Account types
- □ Joint account info
- □ Closed account records
- □ Safe deposit boxes
Retirement Accounts
- □ 401(k) statements
- □ IRA statements
- □ Pension values
- □ Recent transactions
- □ Loan documentation
- □ Beneficiary info
Real Estate
- □ Deed/title
- □ Recent appraisal/tax assessment
- □ Mortgage balance
- □ Equity documentation
- □ Rental properties
- □ Land ownership
Vehicles
- □ Titles/registrations
- □ Loan balances
- □ Kelly Blue Book values
- □ Condition documentation
- □ Mileage records
- □ Other vehicles (boats, RVs)
Other Assets
- □ Investment accounts
- □ Business interests
- □ Valuable collections
- □ Pending lawsuits
- □ Tax refunds due
- □ Insurance policies
Debt Documentation
Student Loans (Critical)
- □ Federal loan servicer statements
- □ Private loan statements
- □ Original promissory notes
- □ Payment history
- □ Deferment/forbearance records
- □ Default notices
- □ Collection letters
- □ Consolidation documents
Other Debts
- □ Credit card statements
- □ Medical bills
- □ Personal loans
- □ Tax debts
- □ Judgments
- □ Collection accounts
Tax Returns and Related
Required Tax Documents
- □ 2 years federal returns
- □ 2 years state returns
- □ All schedules and attachments
- □ Tax transcripts (if available)
- □ Unfiled return info
- □ Payment arrangements
Special Documentation for Student Loan Discharge
Medical/Disability Evidence
If Claiming Medical Hardship:
- □ Diagnosis documentation
- □ Treatment records
- □ Prognosis statements
- □ Work limitation forms
- □ Medication lists
- □ Future care needs
Disability-Specific:
- □ SSA award letters
- □ VA rating decisions
- □ Worker’s comp records
- □ Long-term disability
- □ Functional capacity evaluations
- □ Doctor support letters
Employment/Career Documentation
Work History Showing:
- □ Job search efforts
- □ Termination letters
- □ Industry decline evidence
- □ Failed business records
- □ Education not yielding income
- □ Age discrimination evidence
Good Faith Evidence
Payment Attempts:
- □ Any payments made
- □ Payment plan attempts
- □ Hardship applications
- □ IDR plan documentation
- □ Communication with servicers
- □ Deferment requests
Organization Tips for Maximum Impact
Digital Organization
Create Folders:
- Income Proof
- Monthly Expenses
- Assets
- Debts – Student Loans
- Debts – Other
- Medical/Disability
- Tax Returns
- Special Circumstances
Naming Convention:
- Date_DocumentType_Source
- Example: 2024-01_PayStub_ABCCompany
Physical Organization
If Providing Paper:
- Use tabs for categories
- Chronological order
- Highlight key numbers
- Include summary sheets
- Make copies for yourself
Creating Summaries
Income Summary Sheet:
- Source | Monthly Amount | Documentation
- Job 1 | $3,200 | Pay stubs
- SSDI | $1,100 | Award letter
- Total | $4,300 | See attached
Expense Summary Sheet:
- Category | Monthly | Notes
- Housing | $1,500 | Rent + utilities
- Transport | $600 | Car + insurance
- Medical | $400 | After insurance
- Total | $3,800 | Documented
Common Preparation Mistakes to Avoid
Don’t Hide Anything
- Every asset matters
- All income counts
- Hiding hurts credibility
- Trustees investigate
- Honesty protects you
Don’t Estimate When You Can Document
- Real numbers stronger
- Estimates raise questions
- Documentation wins cases
- Precision shows responsibility
- Judges prefer proof
Don’t Mix Time Periods
- Current expenses only
- Historical income clear
- Future projections separate
- Consistency crucial
- Confusion weakens case
Special Situations
Self-Employed Clients
Additional Needs:
- Business formation documents
- Client contracts
- Expense categorization
- Revenue trends
- Market analysis
Recently Unemployed
Focus On:
- Termination documentation
- Job search records
- Unemployment benefits
- COBRA costs
- Industry prospects
Medical Conditions
Emphasize:
- Diagnosis timeline
- Treatment costs
- Work limitations
- Prognosis documentation
- Insurance gaps
The Financial Story You’re Telling
Your Documents Should Show:
Current Hardship
- Income insufficient
- Expenses reasonable
- No fat to cut
- Already sacrificing
Future Persistence
- Why situation won’t improve
- Age/health factors
- Career limitations
- Family obligations
Good Faith Efforts
- Tried to pay
- Lived responsibly
- Sought solutions
- Made sacrifices
Pre-Meeting Preparation Checklist
One Week Before:
- □ Gather all documents
- □ Create summaries
- □ Review for completeness
- □ Note questions
- □ Update if needed
Night Before:
- □ Organize by category
- □ Bring copies
- □ List missing items
- □ Prepare questions
- □ Get rest
What We Do With Your Financials
Initial Review
- Identify strengths
- Spot issues
- Find missing pieces
- Calculate ratios
- Assess strategy
Case Building
- Create hardship narrative
- Prepare court documents
- Build evidence packets
- Anticipate challenges
- Maximize arguments
Ongoing Use
- Settlement negotiations
- Court presentations
- Trustee responses
- Judge questions
- Appeal preparation
After Your Meeting
We’ll Identify:
- Additional needs
- Documentation gaps
- Strategic improvements
- Timeline for filing
- Success probability
You’ll Receive:
- Clear next steps
- Document requests
- Preparation timeline
- Cost estimates
- Honest assessment
The Bottom Line
Proper financial preparation is the foundation of successful student loan discharge. At The Independence Law Firm, we’ve seen how thorough documentation can transform a questionable case into a winning one.
Start gathering these documents today. The few hours you spend organizing could save you decades of student loan payments.
Contact us when you’re ready. Even partial preparation helps us evaluate your case and guide you toward the complete package needed for discharge success.