Statement of Financial Affairs: Question 4

19 May Statement of Financial Affairs: Question 4

This is the fourth in a series of blogs about the Statement of Financial Affairs and the questions it asks.

Question 4 of the Statement of Financial Affairs asks for information about suits and administrative proceedings, executions, garnishments and attachments. What sort of things need to go here?

* If you sued anyone and the suit has been active at some point during the 12 months before your case was filed;

* If anyone sued you and the suit has been active at some point during the 12 months before your case was filed;

* All administrative proceedings. This could include MVA/DMV actions, an action involving a license, a proceeding before an administrative agency, etc.

* If a wage or account garnishment was filed or in effect during the 12 months before your case was filed;

* If any account or asset was garnished.

* If you’re married, regardless of whether your spouse filed jointly with you, you list all such matters involving your spouse during the 12 months before your case was filed;

For each suit or proceeding, you need to list the caption of the case and the case number, the nature of the proceeding, the court and location, and the status or disposition. An example would be:

American Express Centurion Bank v. Mary Jones [this is the caption]
Civil No. 0012345-2009 [this is the case number]
Credit Card Collections [this is the nature of the proceeding]
District Court for Montgomery County, Maryland [this is the court and location]
Pending (or Judgment Entered) [this is the status or disposition]

For garnishments and attachments, the information you need to list is somewhat different. Here, you need the name and address of the creditor, the date of seizure, and a description and value of the property seized. An example would be:

(For property)

American Express Centurion Bank
P.O. Box 981540
El Paso, TX 79998-1540
May 19, 2009 [date of seizure]
1999 Chevrolet Chevette [description of what was seized]
$350.00 [value of property seized]

(For Garnished Wages)

American Express Centurion Bank
P.O. Box 981540
El Paso, TX 79998-1540
March 23, 2009 to May 19, 2009 [dates of seizure]
Wages [description of what was seized]
$350.00 [total amount garnished]

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Brett Weiss, a senior partner at Chung & Press, LLC, represents people and businesses in all phases of bankruptcy. He has experience in complex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has testified before the Federal Bankruptcy Rules Committee, the Consumer Financial Protection Bureau, and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of Chapter 11 for Individual Debtors, and has written Not Dead Yet: Bankruptcy After BAPCPA, for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network. With his law partner, he recorded a 13-hour basic bankruptcy training series, and leads intensive three-day Chapter 11 training boot camps. Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, National Public Radio, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC, Fourth and Eighth Circuits, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.
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