ABI Best Practices

This report has been prepared by Fellows of the American College of Bankruptcy (the "College"). The College and its Fellows do not warrant or represent the accuracy or completeness of any of the information, or any of the recommendations, contained in this report. The recipient of this report, by receipt, acknowledges the foregoing.

Best Practices for Consumer Bankruptcy Cases
(including Commentary)

Retainer Agreement

SEQ CHAPTER \h \r 1The attorney should provide the debtor with a plain-English written retainer agreement in every case, setting forth the duties and obligations of the attorney and the client, no later than the time when the initial fee payment is made or, if the petition is filed before payment of a fee, prior to the petition being filed. The agreement should clearly state the attorney’s fees and terms of payment, as well as, in general terms, the scope of services that are covered and not covered by the fees stated. Ordinarily, the agreement should provide, at a minimum, that the attorney will prepare the petition, statements and schedules, as well as the plan in a chapter 13 case, that the attorney will provide representation at the section 341(a) meeting, and that the attorney will provide advice and counseling throughout the predictable events in the case. In addition, the agreement may provide for other services that will be necessary in the particular case, and should describe an hourly rate or other method of payment for unanticipated services that may be necessary.

Commentary

Especially in cases of consumer debtors, who are inexperienced in dealing with attorneys and legal matters, it is important to clearly spell out the services the attorney will provide, the fees for the services, and the debtor’s responsibilities. An attorney should not attempt to “unbundle” the basic services in a bankruptcy case, for example, by entering into an agreement to prepare the initial papers and do nothing more, because almost all consumer debtors are incapable of adequately representing themselves throughout the remainder of the case. There may be a variety of ways for attorneys to obtain payment of their fees, depending on state law, including for example the debtor’s grant of a lien on an anticipated tax refund or other property. Some courts have specified lists of duties that attorneys must agree to perform in order to qualify for a “no look” automatic approval of a specified fee. Unanticipated events, such as motions for stay relief or dischargeability complaints, can occur in any case, so the debtor should be advised if such events are not covered by the stated fee and informed of how fees for additional necessary services will be calculated.

Investigating the Facts

The debtor client is, of necessity, the primary source of information in a consumer bankruptcy case, and the client’s statement of the facts, obtained in a thorough and probing interview, should be presumed to be true absent particular circumstances that give rise to a suspicion that it is not. The debtor’s attorney should also obtain all documents reasonably available that are necessary to complete the petition, statement and schedules as fully and accurately as is reasonably possible. The debtor should be advised that all information presented to the court must be truthful and complete.

Commentary

As in almost any other kind of legal matter, the client is the primary source of an attorney’s information. See 2. James Wm. Moore et al., Moore’s Federal Practice ¶11.11[2] (3d Ed.)(“An attorney may rely on objectively reasonable representations of his or her client.”) There is no reason to believe that consumer bankruptcy debtors are any less honest than other clients, although due to lack of education or financial sophistication some may have less understanding of their legal and financial dealings. For example, debtors may have no expertise in valuing property, so that they may, quite innocently, greatly overvalue or undervalue property they own. Generally, information should be elicited from the debtor through use of detailed questions that go beyond simply the information to be included in the schedules and statements, using a written questionnaire[1] that should be reviewed carefully in an interview to ensure that the debtor understands the questions. It is generally good practice to have the debtor sign any completed questionnaire or other document recording the debtor’s responses, indicating that the responses are true and complete, in order to avoid any later misunderstanding. In virtually every case there will exist various types of documents, such as bills, collection letters, loan papers, paystubs, tax returns, public records, and the like which can provide more detail. A credit report and a check of electronic court files for prior bankruptcy cases are examples of documents that are easily obtainable at little or no cost and should be obtained in every case. If other evidence, or other statements of the debtor, appear to contradict information given by the debtor, or if the debtor’s answers seem implausible, the attorney should ask probing questions to ensure that the debtor understands the information that is being sought. If the debtor’s responses still do not comport with other known facts or the attorney’s general experience, further investigation is necessary. Ultimately, however, unless the debtor’s statements are clearly not supportable in light of other known evidence obtained through reasonable investigation, the debtor is entitled to present his or her version of the facts to the court.

SEQ CHAPTER \h \r 1

Emergency Bankruptcy Case Filings

When a bankruptcy petition must be filed very quickly to forestall imminent harm to a client, the debtor’s attorney should gather as much information as possible before filing the case. The attorney should 1) conduct as much of the normal client interview as possible, 2) make reasonable attempts to contact the attorney for the party that is taking action against the debtor, 3) check the electronic case dockets for prior bankruptcy filings by the debtor, 4) if possible, obtain a credit report on the client, and 5) obtain a prompt prebankruptcy credit counseling briefing for the client or otherwise comply with section 109(h).

Commentary

Emergency bankruptcy filings present special and difficult issues for a debtor’s counsel. By definition, the attorney cannot obtain all of the information that would ordinarily be obtained before filing and must act quickly to forestall serious harm to the debtor, such as a foreclosure sale of the debtor’s home. Nonetheless, the attorney must determine everything that is reasonably possible to assure that the filing is in the client’s best interest and that it is not an abuse of the bankruptcy system. Although the client may not have all of the information that would normally be obtained through an interview and necessary follow-up, conducting as much of the ordinary interview as possible is usually the best source of most information. Both because there may be some way to delay impending harmful action and because it may present a different version of the facts of which debtor’s counsel should be aware, a telephone call to the attorney for the creditor or other party taking action against the client is also important. However, it may not always be possible to reach that party. Obviously, if there are factual discrepancies, they should be investigated further to the extent possible. In addition, because debtors with emergency bankruptcy filings are somewhat more likely to be abusive than others, the electronic record of prior bankruptcy filings (PACER) by the debtor should be checked to verify the information provided by the client. Prior filings may also limit or eliminate the applicability of the automatic stay and possibly require prompt action in that regard. Finally, because debtors who do not come in until the last minute are more likely to be confused or disorganized, a credit report, which will list not only debts but also court proceedings, should ordinarily be obtained electronically with the cooperation of the client, who must of course authorize it.

Preparing the Schedules and Statements

An attorney preparing the schedules and statements required in a consumer bankruptcy case must set forth the required information in a way that is as clear and accurate as possible given the practical limitations on the information that can be gathered. These limitations arise from a lack of all the relevant contracts and other documents, debtors’ inability to give precise information with respect to many facts, the costs of obtaining precise information, and the general uncertainties and instabilities in debtors’ financial situations.

With respect to listing liabilities, the amount of a claim may be taken from a bill or collection letter received by the debtor, but with the understanding that it is not likely to be precisely accurate, and therefore can be listed as estimated or disputed or even unknown. The address for the creditor should be ascertained as accurately as possible from the papers presented by a client, or from a credit report. The consideration for credit card debts incurred for a variety of purposes may be listed as “credit card debt”, “consumer goods and services” or some similar general phrase. If debts were incurred over a period of time, the dates of the transaction may be listed as “various dates.” It is usually advisable, but not required, to list additional contacts such as attorneys or collection agents collecting the debt so that they will have notice of the bankruptcy and cease collection activities. All possible liabilities of the debtor should be listed, but if a debtor does not have actual knowledge of a liability it should be listed as disputed.

Assets should be listed as described by the debtor, but in light of the attorney’s experience. Unless there is some basis for suspicion that the debtor is not disclosing significant assets, there is no need to investigate the debtor’s assets by obtaining an appraisal or visiting the debtor’s residence. However, the values given by the debtor should be questioned by the attorney if they seem too high or too low based on the attorney’s experience or information that is readily available, such as industry valuation guides or readily accessible information about recent property sales in the debtor’s neighborhood.

The debtor’s listing of current expenditures should include projected expenses going forward, rather than past expenses, and include necessities that may have been neglected before the bankruptcy. Numbers provided by a debtor may have to be questioned in light of the attorney’s experience and it is not impermissible for an attorney to suggest that a debtor adjust either actual expenditures going forward or a debtor’s unrealistic estimate of expenses. However, the number ultimately listed should be the debtor’s best estimate with the advice of counsel. It is also not improper to list expenses that are greater than a debtor’s income, since that may be the reality. It is also appropriate to include a modest amount for miscellaneous expenses that are not itemized and a “cushion” for unexpected expenses. A detailed statement of business expenses should be attached if the debtor’s primary income is from a business with substantial expenses, but need not be attached for a debtor with minimal self employment income and few, if any, business expenses.

Commentary

Reconstructing a debtor’s financial information is at best an imprecise exercise. Debtors rarely have complete documentation of their debts and assets and often do not have a compete understanding of their finances. Because precision is not required with respect to the issues that usually arise in bankruptcy case, and because the costs of obtaining precise information would make bankruptcy unaffordable for most debtors, attorneys should be as complete and accurate as possible with the information they can readily obtain.

The precise amount owed on particular debts is almost impossible to determine with accuracy. Additional interest and charges may have accrued since the date of any statement the debtor has provided. Consumer credit agreements, even if the debtor has them, may have been amended by bill stuffers the attorney does not have. Calculating the interest and charges on credit cards and mortgages can be extremely complex and, because there have sometimes been errors in creditors’ calculations, even those cannot be relied upon. Therefore, attorneys should do their best to be accurate, but recognize and inform those reviewing the schedules that the amounts are estimates, disputed, or unknown. In most cases, the amounts of debts listed on the schedules are immaterial to the bankruptcy. Generally, in chapter 7 they are discharged, or not discharged, regardless of the amount, although the total amount of unsecured debt may occasionally be relevant under section 707(b)(2). In chapter 13, the amounts of claims to be paid is determined by the creditor’s proof of claim, and any objection thereto, not by the amount listed in the schedules. Similarly, it is impractical to list every credit card transaction, even if the attorney could obtain the records that would make that possible.

Every conceivable liability should be listed to maximize the effect of the debtor’s discharge, including for example debts of a corporation of which the debtor was a principal even if there is no reason to believe the corporate veil can be pierced. Often debtors have received mail stating that a debt has been purchased by another entity. Because debtors have no actual knowledge that confirms that this has occurred, they may dispute the entity’s claim to be a creditor.

Listing the debtor’s expenses is of necessity an exercise in estimation. Most debtors do not have clear records of what they spend and many have been juggling obligations, not paying expenses regularly, and going without necessities in the months preceding a bankruptcy. Because the primary purpose of the listing is to determine what, if anything, a debtor can afford to pay creditors in the future, it makes the most sense to list a reasonable budget going forward, taking into account the family’s needs, even if they have not always been met in the recent past. For example, eye and dental care may have been neglected before bankruptcy due to lack of funds. Similarly, home or car maintenance may have been deferred. Debtors who have not been paying such expenses may not report them as expenses initially, and there is nothing improper in an attorney suggesting they are necessary. Similarly, in light of many debtors’ lack of knowledge of their own budgets, an attorney may suggest that amounts stated by a client are unrealistically high or low. Because it is simply impossible to list every minor expense or account for the contingencies that might cause unexpected expenses, an amount should be listed for miscellaneous expenses and a “cushion”. The budget should include debt payments a debtor will have to make after bankruptcy, both to secured creditors and creditors holding nondischargeable claims, but should not include unsecured debts that will be discharged. It may be that the total expenses exceed a debtor’s income, but if that is the reality, it should be reflected. Bankruptcy does not automatically render debtors able to pay all of their reasonable expenses.

Henry J. Sommer
Chair, Consumer Practices Subcommittee

January 16, 2006

Questionnaire

Complete All Questions. If you and your spouse are not living together, and there is no possibility that your spouse will file bankruptcy along with you, you don't have to answer the questions about your spouse.

1. Name and Residence Information:

A. Your full name:

Your spouse's full name:

B. Your Social Security Number:

Your spouse's Social Security Number:

C. Your date of birth and age:

Your spouse’s date of birth and age:

D. List any other names used by you or your spouse (including maiden name), or other ways you have signed your names to papers and checks during the last eight years:

E. Current Address:

(Street)

(City) (County) (Zip Code)

F. Telephone Number:

G. List all addresses you have had in the last three years, the dates when you lived there, and the name you used while living there. If you and your spouse are filing bankruptcy together, list addresses for each for the last three years (include street, town, and zip code).

Addresses Date Moved In Date Moved Out Name Used

2. Prior Bankruptcy: Have you ever been involved before in a bankruptcy (chapter 7, 11, 12, or 13)?
YES___ NO___. If YES, bring all papers from the case(s) to our office.

What Date Case Filed Did You Get a If Yes, List If Dismissed, List

Chapter? Discharge? Date of Discharge Date and Reason

Why Dismissed

3. Other Bankruptcies: Have there been any other bankruptcies filed by someone other than you or your spouse to stop a foreclosure on your home? YES _____ NO _____. If YES, give details:

4. Occupation and Income:

A. Usual type of work:

B. Name and address of current employer:

C. Spouse’s usual type of work:

D. Name and address of spouse's current employer:

E. How long have you been at your current job?: Your spouse?

F. List all income received in the last six months by you and your spouse (do not list your spouse’s income if you are not filing bankruptcy together and you are legally separated):

(Bring a copy with you to our office of all pay stubs or other records from your employer of all pay received within the past sixty days.)

Income Received Source (Names and addresses of By Whom

(Give gross income) employers or specify social security, (Self or

welfare, unemployment, spouse)

self-employment, investments, etc.)

1 month ago:

2 months ago:

3 months ago:

4 months ago:

5 months ago:

6 months ago:

List all income received so far this year and in the last two years by you or your spouse:

Income Received Source (Names and addresses of By Whom

(Give gross income as employers or specify social security, (Self or

reported on tax returns) welfare, unemployment, spouse)

self-employment, investments, etc.)

So far this year:

Last year:

Year before last:

G. Have you or your spouse been in business by yourself or with others during the last six years?

YES ____ NO ____. If yes, give the dates, name of the business, its address, and the names of others in business with you or your spouse.

H. Are there any debts from your former business? YES ___ NO ___. If YES, list them in questions 32 and 33 and give details here:

I. (1) If you employed anyone (such as regular employees, cleaning people, gardeners, babysitters), do you still owe them wages? YES ___ NO ___. If YES, give name and address of employee, dates worked, amount owed, and work done.

(2) Has anyone given you money to purchase property or services that you were unable to provide?

YES ___ NO ___. If YES, give details:

J. Have you ever been on welfare within the past two years? YES ___ NO ___. Has anyone in your immediate family? YES _____ NO _____. If YES to either question, specify the persons, dates, amounts received, and places (if state welfare, name the state, if local welfare, name the city or county).

K. Have you ever received or been told you have received more money from the government than you were supposed to (such as social security, welfare, unemployment compensation, food stamps, etc.)?

YES _____ NO _____. If YES, give details:

L. Do you have any vacation time that is due you from your employer? YES _____ NO _____.
If YES, how much is due?

M. Do you have an IRA (including Roth or education IRA) or any other pension plan? YES ____ NO _____.
If YES, give details:

N. Have you paid or contributed any funds to a tax-exempt tuition program, or purchased any tuition credits or certificates?
YES _____ NO _____. If YES, give details:

O. Are you the beneficiary of a trust or future interest? YES _____ NO _____. If YES, give details:

P. Do you expect to receive more than a small amount of money or property at any time in the near future by way of gift or life insurance proceeds? YES _____ NO _____. If YES, give details:

Q. (1) Do you expect to inherit any money or property in the near future? YES ___ NO ___.

If YES, give details:

(2) Has anyone died and left you anything (including insurance benefits)? YES ___ NO ___.

If YES, give details:

5. Taxes: (Bring a copy of your W-2 forms and any tax returns you have filed within the past year with you to our office.)

A. Have you received any tax refunds this year? YES ___ NO ___. State $ Federal $

B. What income tax refunds do you expect to receive this year? State $ Federal $

C. Does this amount include an Earned Income Credit? YES _____ NO _____.

D. Have you already filed for the refund? YES _____ NO _____.

E. When do you expect to receive the tax refund?

F. Do you know if anyone intends to take or intercept your tax refund? YES __ NO __. If YES, give details.

G. Did you sign an agreement or refund anticipation loan with a tax preparer to get your refund early?

YES _____ NO _____.

H. (1) Is any other person (such as your spouse) entitled to part of your refund? YES ___ NO ___.

(2) Have you filed income tax returns every year for the last seven years? YES ___ NO ___.

(3) Do you have copies of your income tax returns filed in the last four years? YES ____ NO ____. If NO, state the years for which you do not have copies:

(4) Do you owe any taxes to the United States? YES ___ NO ___. If YES, give the name and address of the department or agency to which the tax is owing, the kind of tax that is owing, and the years for which the tax is owing:

(5) Do you owe any taxes to any states? YES _____ NO _____. If YES, give the name of the state and the department or agency therein, the address of the department or agency, the kind of tax that is owing, and the years for which the tax is owing:

(6) Do you owe any taxes to a county, district, or city? YES _____ NO _____. If YES, give the name of the county, district, or city, the kind of tax that is owing, and the years for which the tax is owing:

(7) Besides taxes, do you owe any other money to any branch of the United States Government (e.g., FHA, VA, repossessions or loans, withholding taxes [if you were in business], or money owed Small Business Administration)? YES _____ NO _____. If YES, give the name of the branch, its address, the amount owing, and why it is owed:

6. Debts Repaid:

A. If you have made any payments totaling more than $600 to a creditor within the last ninety days, give the name of

the creditor and the dates and amount of the payments:

Creditor’s Is the Creditor Payment Amount of

Name & Address a Relative? Dates Payment

Please make sure to bring any payment books you have with you.

B. Have you made any payments within the last year to creditors who are or were insiders (relatives or business partners)? YES _____ NO _____. If YES, give details:

C. (1) Have you ever had a student loan or cosigned for someone else’s student loan? YES ___ NO ___.

If YES to either question, please state:

(2) Who lent you the money?

(3) What school was the loan for?

(4) Did the student finish the course of study at the school? YES _____ NO _____. If NO, why not?

(6) Who is trying to collect the debt?

(7) How much have you paid on the debt (include any tax refund intercepts)?

(8) Has anyone else made payments on the debt? YES ____ NO _____. How much? $

7. Suits: (Bring in all papers relating to any suits or criminal cases.)

A. Have you ever been sued by any person, company, or organization? YES ___ NO ____. If YES, state:

Case Name Case No. Name and Address Type of Case Result of Case

of Court

B. Have any court suits resulted in a lien being placed on your property? YES _____ NO _____.

C. Have you ever sued any person, company, or organization? YES ____ NO ____. If yes, state:

Case Name Case No. Name and Address Type of Case Result of Case

of Court

D. Do you have any criminal charges or convictions? YES ____ NO ____. If yes, state:

Case No. Name of Court Charges Result of Case Do You Owe Fines, Restitution,

or Any Other Money?

E. Have you been involved in any administrative agency cases (unemployment compensation, worker’s

compensation, etc.) in the past 12 months? YES ____ NO ____. If yes, state:

Case Name Case No. Agency’s Name and Address Type of Case Result of Case

F. Do you have any possible reason for suing someone for damage to your property or for injuries to yourself or other members of your family? YES _____ NO _____. If YES, who could you sue, how much money is involved, and why could you sue?

8. Garnishment, Attachment, and Sheriff’s Sale:

A. Have you ever had any property listed for or sold at a foreclosure, tax sale, or sheriff’s sale, or levied upon?
YES _____ NO _____. If YES, bring any papers concerning those actions to the office and state:

What Property Was Sold Value of Date Name and Address of Creditor

or Listed for Sale Property

B. Has money from your pay check or bank account been garnished, or taken or frozen by a creditor, including your
bank or credit union, because of a debt? YES ____ NO ____. If YES, give the following:

Name and Address of Creditor Amount Taken Dates

Who Received the Money

9. Repossessions and Returns:

A. Have you had any property or merchandise repossessed during the last year? YES ____ NO ____.

If YES, bring all papers including all letters telling you of the repossession or sale.

Description of Month & Year Who Repossessed Item Value of Property

Property of Repossession (Name, Address) When Repossessed

B. Have you voluntarily returned any property or merchandise to the seller in the past year?

YES _____ NO _____. If YES, state:

Description of Month & Year Seller's Name and Value of Property

Property of Return to Seller Address at Time of Return

10. Property of Yours Held by Someone Else:

A. Does any other person have any of your property? (This includes any check you may have given to a payday

lender or check cashing service.) YES _____ NO _____. If YES, list the following:

Type of Value Being Held By Why Is This Person

Property (Name and Address) Holding the Property?

B. Have you given or made an assignment of any of your property for the benefit of your creditors or any settlements
with your creditors within the past two years? YES _____ NO _____. If YES, give the name and address of the
creditor and the terms and conditions under which you gave the property to the creditor or made an agreement with the creditor:

C. Is any of your property in the hands of a court-appointed person (a receiver), or in the hands of a person who is holding it for your benefit and use (a trustee)? If YES, give details:

D. Is any of your property in the possession of a pawnbroker, storage company or repairman?

YES_____ NO _____. If YES, describe and give its value:

11. Gifts and Transfers:

A. Have you made sales of property, mortgages, gifts, or transfers of any substantial property or cash within the last

four years? YES _____ NO _____. If YES, give the following:

Name of Person Description of Month and Year Was Sale or Gift

Who Received Property Property of Gift or Sale to a Relative?

B. Have you used any money from the sale or transfer of any property within the past ten years to purchase or improve your current home, or to pay down the mortgage? YES _____ NO _____ . If YES, give the following:

Description of Month and Year Amount You Got How Much of This Amount

Property Sold or of Sale or Transfer from Sale or Transfer Was Used to Buy or Improve

Transferred Your Home?

12. Losses:

A. Did you lose any substantial amount of money as a result of fire, theft, or gambling during the last year?

YES _____ NO _____. If YES, state the following:

What Caused Value of the Money or Date of

the Loss? Property That Was Lost the Loss

B. Did insurance pay for any part of the loss? YES__ NO__. If YES, what was date of payment?
How much was paid? $

13. Payments or Transfers to Attorney or Debt Consultants:

A. Give the date, name, and address of any attorney or bankruptcy consultant (petition preparer, typing service, document preparation service, independent paralegal) you have consulted during the past year:

B. Give the reason for which you consulted the attorney or bankruptcy consultant:

C. How much have you paid the attorney or bankruptcy consultant? $

D. Did you promise to pay money to the attorney or bankruptcy consultant? YES _____ NO _____. If YES, give the amount and terms of the agreement:

E. Give the name and address of any credit counseling agency or debt settlement company you have consulted during the past year and the date when you consulted them:

F. Did the agency have you sign up for a plan to repay or settle your debts? YES _____ NO _____. If YES, give the amount and terms of the plan (and bring a copy of the plan with you to our office):

G. How much have you paid the agency or company? $

H. Have you consulted anyone else about your debts in the past year? YES _____ NO _____. If YES, give name, address, and amount(s) paid for the service:

I. Did any of your debts result from a refinancing or a consolidation loan? YES ___ NO ___. If YES, which ones?

Please be sure to bring all papers for these loans with you.

14. Closed Bank Accounts:

Have you or your spouse had your name on any bank account (such as savings, checking, certificates of deposit) during the past 12 months that is now closed? YES __ NO __. If YES, state:

Bank’s Name Acct. No. Type of Account Names of Others Date Final

and Address (Savings/Checking) on Account Closed Balance

15. Safe Deposit Boxes:

Have you or your spouse had a safe deposit box during the last year? YES _____ NO _____.

If YES, list the name and address of the bank, the name and address of everyone who had access to the box, the contents of the box and, if you no longer have the box, the date it was closed:

16. Property Held for Another Person: Do you have any money, property, furniture, etc. that belongs to another person or that you are holding for the benefit of someone else (in trust)? YES ____ NO____. If YES, what is the property, who owns it, and what is it worth? Include name and address of the owners:

Type of Value Owned By Address Relative?

Property (Yes or No)

At what address are you keeping this property?

17. Leases: Have you had an auto lease, rent-to-own, or rental-purchase transaction in the past four years?

YES _____ NO ______. If YES, give details:

18. Cooperatives: Are you a member of any type of cooperative (housing, food, agricultural, etc.)? If YES, give details:

19. Alimony, Child Support, and Property Settlements:

A. Have you had any previous marriages? YES __ NO __. If YES, what is the name of your former spouse?

Please be sure that any debts from prior marriages which were never paid are listed with your other debts.

B. Does anybody owe you any money or child support? YES _____ NO _____.

Who? ________________________ How much? $____________________

C. Have you ever been ordered to pay child support? YES ____ NO ____.

Alimony? YES ____ NO ____.

Property Settlement? YES ____ NO ____.

If yes to any question, state:

(1) To whom do you make the payments?

(2) Are you behind in your payments?

(3) Are the persons you are required to support this way on welfare?

(4) Do you have any family court hearings coming up? If YES, explain and give dates:

D. Do you expect to be involved in a property settlement with your spouse or former spouse in the near future?

YES _____ NO _____.

20. Accidents and Driver’s License:

A. Have you been involved in a vehicle accident in the last four years? YES ____ NO ____.

B. Has your vehicle been involved in an accident in the last four years? YES ____ NO ____.

C. Have your children ever injured anyone else or their property? YES ____ NO ____.

D. Have you ever lost your driver’s license? YES ____ NO ____. If YES, give details:

21. Cosigners and Debts Incurred for Other People:

A. Were there any cosigners for you on any of the debts you have listed in these forms?

YES _____ NO _____. If YES, give the cosigner’s name and address, and which debts were cosigned:

B. Have you ever been the cosigner on someone else’s loan or debt which hasn't been paid off?

YES _____ NO _____. If YES, list the following for each debt:

Creditor's Name Date of Debt Amount Name and Address of Person

and Address Owing You Cosigned For

C. Have you borrowed any money for someone else’s benefit? YES _____ NO _____. If YES, list the following unless you are sure that loan or debt has been paid:

Creditor’s Collection Date of Debt For Current

Name and Agent or and Which What Amount

Address Attorneys Spouse Owes of Claim

D. If you put up any of your property as collateral on a debt you cosigned, list the following:

Creditor Type of Property How Much the Property Is Worth Now

22. Credit Card and Finance Company Debts:

A. Have you obtained cash advances of more than $750 in the last seventy days or used any credit card to purchase more than $500 worth of goods or services in the last ninety days? YES ______ NO ______. If YES, give details:

B. Have you ever gone over your credit limit on any credit cards? YES _____ NO _____. If YES, give details:

C. If any of your debts listed on this form are owed to finance companies, did you sign an agreement that listed some of your property (such as a second television or VCR) and stated that the property would be security or collateral for the loan? YES _____ NO _____. If YES, which ones?

D. Do you owe money on a payday loan, auto title loan, or for a check cashing service? YES ___ NO ___. If YES, give details:

23. Evictions:

A. Has your current landlord sued you or brought an eviction suit against you? YES ____ NO ____. If YES, state:

Case Name Case No. Name and Address Reason for Suit Result of Case

of Court or Eviction (Eviction Judgment?)

or Date of Hearing

B. Does your current landlord have an eviction judgment or order against you? YES ____ NO ____. If YES, and the eviction is based on your nonpayment of rent, list the following:

Regular Rent Payment When Are Rent Payments Due? Back Rent You Owe

(Specify Monthly, Weekly, Other)

C. Is your landlord planning to bring an eviction suit against you? YES ____ NO ____. If YES, give details and state if your landlord is claiming that you have damaged the property or used illegal drugs on the property:

Names and Addresses of Creditor, Collection Agency & Attorney	Acct. No.	Date & Purpose of Debt	What Property Is Collateral or Subject to Line	Current Value of Property	Original Amount Owed	Current Balance	Monthly Payment & No. of Payments Behind	Who Owes? (Which Spouse? Co-signers?)

Creditor's Name and Address	Name and Address of Collection Agency and Attorney, If Any	Account No.	Date of Debt	What is Debt For?	Current Amount of Claim	Which Spouse Owes?	Any Co-signers?