Microsoft Word - Gainesville Indiv Interview
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Microsoft Word - Gainesville Indiv Interview Microsoft Word - Gainesville Indiv Interview Document Transcript

  • RUFF & COHEN , P.A. ATTORNEYS AT LAW GAINESVILLE •JACKSONVILLE WWW.B ANKRUPTCY LAWHELP.COM ERIC S. RUFF LISA C. COHEN 4010 N EWBERRY ROAD, S UITE G 1756 University Boulevard South GAINESVILLE, FLORIDA 32607 Jacksonville, Florida 32216 T ELEPHONE (352) 376-3601 T ELEPHONE (904) 720-0070 FAX (352) 378-1261 FAX (904) 720-0047 Re: Bankruptcy Consultation Dear Sir or Madam: Thank you for downloading the bankruptcy consultation questionnaire from our website. If you have not already done so, please call our Gainesville office now at (352) 376-3601 and we can schedule your appointment for the free consultation. There is a map to our office at the top of the form. It is important that your form be filled out completely before you arrive at our office for your appointment. If you have any questions about the form or are confused by any question, please call and we will be happy to assist you. When you arrive (and please arrive on time) our staff will take your questionnaire and begin to perform some calculations, looking up the values of your vehicles, running totals on your debts and expenses, etc. While we are performing these tasks, we have a video for you to watch. The video lasts just under an hour and explains the basics of bankruptcy law. Clients consistently give us positive feedback about the video and tell us they learned a lot from it and that it made the law understandable. At the completion of the video, one of our attorneys will meet with you for about thirty minutes to review your particular legal situation and explain how the bankruptcy law would apply to your individual circumstances. We will, of course, answer any questions you may have. Please do not bring children to the consultation. They naturally become restless and we do not have facilities to keep them entertained. At the conclusion of the consultation, the attorney will be in a position to advise you as to the legal option most appropriate for you and we will quote you a fee for any proposed legal work. There is no need for you to make a decision at that time; there is no obligation and no fee for the consultation. After the consultation, please do not refer any of your creditors to us just because you have talked to one of our attorneys. The consultation is simply an opportunity for you to find out what your legal options are. We look forward to meeting with you! Very truly yours, Eric S. Ruff
  • Your appointment is at Law Office of Ruff & Cohen, P.A. 4010 Newberry Road, Suite G Gainesville, FL 32607 Phone 376-3601 This section for office use Single Person’s Bankruptcy Questionnaire Attorney: ESR LCC 8th Ave # of Creditors:............................. 39 Debt amount: ............................. th 34th Street 43rd Street North St Reaffirmations.............................. re et Gypsy Palace Redemptions: ............................. (old "Dream Zone") Starbucks Suggestions:............................. Kinko §522(f)’s:............................. Tire Kingdom Cold Stone To Quizno's M all Citgo Business:............................. & I- Royal Park 75 Shell Stadium 16 Theatre Taxes:............................. Other: ............................. Ruff & Cohen, P.A. To UF Fee quote is for a Chapter ______ Ne w Suite G be r r y Road (University Ave.) Atty fee: _______ Filing Fee: _____ 4010 Newberry Road 2nd FCU Ave How did you select this law office? Yellow pages Classified ad Internet Newspaper Referred by ______________ No one likes to fill out forms, but the following information is needed by the attorney in order to make the best use of your consultation time. Please have the form completed before you arrive. Your Full Legal Name: ____________________________________________________________ Address: ZIP __________ Live in what County?: __________________ How long lived in that County? _______months Home phone : ____________________________________________________________ Work phone : ____________________________________________________________ YOUR FAMILY How many children living with you? _____________________________ YOUR EMPLOYMENT Your employer _______________________________________ Your job _______________________________________ Your average monthly take home pay _______________________________________ Your other monthly income (Social Sec., pension, etc.)___________________________ YOUR HOME You are: renting buying (mortgage payments) other _________________ You live in a : house apartment mobile home other __________________ Page 1 of 7 1
  • If you are renting your residence, skip down to section on Your Cars & Trucks. If you are buying (making mortgage payments): Whose name is on the deed? Yours some one else _________________________ How many mortgages do you have? one two three ________. About how much cash would it take to pay off all your mortgages put together? $_______________ About how much would someone pay you CASH MONEY for your home (or mobile home) if you gave yourself about two months to sell it? $ ____________________________________ How many payments are you behind? zero one two _______ How many payments are you behind in dollars? zero $ ______________ How many acres of land are there? _________ You live: inside the city limits in the county If you are in a mobile home, what about the property the mobile home is on? You are: renting the lot buying (mortgage payments on) the land own the land clear YOUR CARS & TRUCKS (AND OTHER VEHICLES) How many vehicles do you have? one two three ________. Note: count any vehicle (truck, motorcycle, van, RV) on this question. Vehicle #1: The car is a 19___ __________________________ ________________________ Make Model Whose name is on the title? Yours Someone else _____________________________. How many miles on it? ______________________ Describe any needed repairs and estimated expense ___________________________ Debt. If you walked in with cash, how much would it take to pay off the car today?$_______________ . Leave this blank NADA average of trade-in & wholesale:_________________ Leave this blank Options;_________________ Leave this blank High/low mileage: _________________ Leave this blank Repairs:_________________ Leave this blank Value: Vehicle #2: The car is a 19___ __________________________ ________________________ Make Model Whose name is on the title? Yours Someone else _____________________________. How many miles on it? ______________________ Describe any needed repairs and estimated expense ___________________________ Debt. If you walked in with cash, how much would it take to pay off the car today?$_______________ . Leave this blank NADA average of trade-in & wholesale:_________________ Leave this blank Options;_________________ Leave this blank High/low mileage: _________________ Leave this blank Repairs:_________________ Leave this blank Value: Vehicle #3: The car is a 19___ __________________________ ________________________ Make Model Whose name is on the title? Yours Someone else _____________________________. How many miles on it? ______________________ Describe any needed repairs and estimated expense ___________________________ Debt. If you walked in with cash, how much would it take to pay off the car today?$_______________ . Leave this blank NADA average of trade-in & wholesale:_________________ Page 2 of 7 2
  • Leave this blank Options;_________________ Leave this blank High/low mileage: _________________ Leave this blank Repairs:_________________ Leave this blank Value: YOUR OTHER REAL ESTATE. Do you own other land? Yes. No. If answer is No, skip down to section on OTHER THINGS YOU OWN. Whose name is on the deed? Yours Someone else _____________________________. Describe acreage and buildings: ___________________________________________________ How much is owed? ____________________________________________________________ How much would someone pay you cash for it? ______________________________________ OTHER THINGS YOU OWN. You have told us about your home and vehicles. What else do you own that is worth something? List here the five most valuable things you own, other than home and vehicles. It could be jewelry, or to stock in Microsoft, or just a TV. When we ask what each item is worth, we want to know how much CASH MONEY someone would pay you for it after all the bargaining was over, NOT what you paid for it originally and NOT what it has been "appraised for." A thing is worth exactly what it will bring. -- Benjamin Franklin Item description Years old Worth how much? How much Comment 1 2 3 4 5 How much cash (on hand + in the bank) do you have? $_________________. Are you expecting a check from the government for an income tax refund? Yes, $________. No. Do you have any Certificates of Deposit (CD's)? Yes. No. Are you expecting to inherit money or property any time soon? Yes. No. Do you have a possible lawsuit against anyone where you expect to win money? Yes. No. Do you have an Individual Retirement Account (IRA) or 401(k)? Yes. No. Have you been involved in a vehicle accident in the last five years? Yes. No. YOUR HISTORY Ever filed Bankruptcy before? Yes. No. Sold anything worth over $100 in last year? Yes. No. Traded anything worth over $100 in last year? Yes. No. Given anything away worth over $100 in last year? Yes. No. Paid back any relatives or friends in last year? Yes. No. Has anyone filed suit against you? Yes. No. Has anyone filed a foreclosure against you? Yes. No. Are there any judgments against you? Yes. No. Page 3 of 7 3
  • YOUR DEBTS. SPECIAL SITUATIONS. Do you owe money... To IRS (federal taxes)? Yes,$___________ No. For student loans? Yes,$___________ No. For child support? Yes,$___________ No. For alimony? Yes,$___________ No. For physical injury to others? Yes,$___________ No. For drunk driving damages? Yes,$___________ No. For bad checks? Yes,$___________ No. For fraud? Yes,$___________ No. Could any of your creditors prove that you lied on a credit application (by, for example, exaggerating your income or the value of your assets or by failing to list some of your debts)? Yes No. Do you have any loans with any "Friendly Finance Company" type places (like American General, Norwest, ITT, Associates, Beneficial, or Blazer Finance Co.) where you have put up any household goods or tools as collateral for the debt? Yes. No. leave this blank ________________________________________________________________ Full Debt Listing List below all your debts, include everybody, even people you fully intend to pay back like parents or friends. Include people who claim you owe them, even if you dispute it. Don't forget home loans, mobile home loans, IRS, auto loans, credit cards, hospital and doctor bills, rent obligations, loan companies, installment purchases (like furniture), and debts you have co-signed on. If in doubt, list it. What follows here is an explanation of some of the terms used on the Creditor Listing Chart you will fill out: "Type of Debt." Here you list the reason for the debt is. That is, how come you owe this creditor? It could be a credit card, car loan, a mortgage, medical services, signature loan, etc. "Collateral." This is important, and some people are not familiar with the term "Collateral." Collateral is what you put up as "security" for a loan. The easy way to determine whether there is collateral on a debt is to ask yourself, "if I miss a payment on this particular debt, does the creditor have the right to come out and pick up (repossess) the item?" For example, if you are talking about a car loan and you miss a payment, you know they can repossess your car. The collateral there is the car. The same goes for many furniture purchases where the furniture is the collateral. Same for mortgage payments (the land is the collateral and the creditor can "foreclose your mortgage" which is about the equivalent of repossession for car). Page 4 of 7 4
  • On the other hand, if you miss a VISA payment, they don't generally have the right to come out and pick up what you bought. There is no collateral on most charge cards although some, like Circuit City and Sears may pursue "big ticket items" like TV's and riding lawn mowers, but usually not clothing and small items. Loans from banks, credit unions, and finance companies sometimes involve collateral, and sometimes not. Sometimes small loan companies will make signature loans, but often they require you to put up various items of household goods (like TV, stereo, VCR, and furniture) as collateral. In such a case, just put HHG for household goods to describe the collateral. Sometimes they will lend and not require collateral and such loans are often referred to as "signature loans", meaning no collateral, just your signature. If there is no collateral, write in "None", and leave collateral value blank. "Cash value of Collateral," What we need to know is how much that item of collateral could be sold for on a cash basis, and not taking forever to sell it. Co-Signors. If anyone else has co-signed with you on any of your debts, write “co-sign” next to the debt and mention it to the attorney. Important! --Recent Credit Card Use: Circle any creditors where you have charged (including cash advances or shifting balances between credit cards) or borrowed anything in the last 60 days. Creditor's name Debt Type of debt (Credit Describe collateral Cash value of Amount Card, Medical debt, etc) (like 1988 VW) Collateral $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ For office use: recent credit card use: in last 60 days _____________________________________________ Page 5 of 7 5
  • Creditor's name Debt Type of debt Describe collateral Cash value of Amount (like 1988 VW) Collateral $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 6 of 7 6
  • Your estimated Monthly Expenses AFTER the bankruptcy is over. This section is more important than you might think. It helps determine which type of bankruptcy is suitable for you. What I need here are realistic numbers reflecting what it will really costs you to live each month after this bankruptcy is over. In other words, do not "low-ball" the figures and produce a "budget" that you could not really live within. In fact, the expenses you list below are in your favor, so do not leave out any expenses. On the other hand, do not exaggerate your expenses. The figures should reflect a realistic, but not extravagant, list of normal monthly living expenses. In making the list, do not include monthly payments you are making now to creditors which you will no longer owe after bankruptcy (creditors who hold no collateral). In other words, do not list payments to Visa because we will be getting rid of that debt. Do include monthly payments to creditors who have collateral you wish to keep -- like your mortgage holder and your car payment (if you want to keep your car). Per Month House rent or total mortgage payments......................................... ____________ electric ................................................................................ ____________ phone .................................................................................. ____________ cable.................................................................................... ____________ gas....................................................................................... ____________ Food.................................................................................................................................... ____________ Meals out ............................................................................................................................ ____________ Entertainment ..................................................................................................................... ____________ Clothing*............................................................................................................................ ____________ Laundry and dry cleaning................................................................................................... ____________ Medical and drugs not covered by insurance ..................................................................... ____________ Auto Auto monthly installment payments................................... ____________ Auto insurance*.................................................................. ____________ Gasoline.............................................................................. ____________ Auto repairs* ...................................................................... ____________ Alimony & child support.................................................................................................... ____________ Haircuts .............................................................................................................................. ____________ Child care ........................................................................................................................... ____________ Christmas*.......................................................................................................................... ____________ Birthdays* .......................................................................................................................... ____________ Charitable contributions ..................................................................................................... ____________ Other Insurance .................................................................................................................. ____________ Miscellaneous..................................................................................................................... ____________ Other __________________ ............................................................................................ ____________ __________________ ............................................................................................ ____________ * The easiest way to figure expenses marked with an asterisk (*) like clothing, Christmas, and auto insurance, is to figure how much you spend per year on it and divide by 12 to get an average monthly figure. Page 7 of 7 7