Bankruptcy

Chapter 7 or 13? Case Assessment

Means test read, exemption exposure, recommendation, and filing checklist.

What you get

  • An internal memo for the file, written for the attorney, not the client.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The household

  • Household size
  • Has this case been filed
  • Actual or planned filing date
  • Gross monthly household income (6-month average)
  • Income sources and calculation records
  • Household and expense details
  • Current monthly take-home income and living expenses
  • and 6 more

What they own

  • Housing
  • Home value
  • Mortgage balance(s)
  • When did the client buy this home
  • Behind on the mortgage
  • Mortgage arrears and any foreclosure sale date
  • Vehicles
  • and 5 more

What they owe

  • Total unsecured debt
  • Types of unsecured debt
  • Any of these debts
  • Other secured debts and intended treatment
  • Upcoming events affecting filing
  • Lawsuits, garnishments, repossessions pending

History

  • Prior bankruptcy filings
  • Prior case dates and outcomes
  • Recent transfers, gifts, or payments to family or insiders
  • Large charges or cash advances in the last 90 days

Goals

  • Client's goals
  • Anything else

Where it is offered

Every state Lawsmith has official sources for:

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
California74
Connecticut71
Delaware73
District of Columbia94
Florida73
Maryland85
Massachusetts76
New Jersey114
New York86
Ohio71
Pennsylvania70
Texas72
Virginia109

Among them, for New Jersey:

  • N.J.S.A. 17B:24-6: Exemption of proceeds--life insurance
  • N.J.S.A. 17B:24-7: Exemption of proceeds--annuity contracts
  • N.J.S.A. 17B:24-8: Exemption of proceeds--health insurance and disability provisions
  • N.J.S.A. 17B:24-9: Exemption of proceeds--group insurance
  • N.J.S.A. 18A:66-51: Allowances exempt from taxes; assignment of group insurance policy rights and benefits

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

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