EXHIBITS A, D AND E TO THE VOLUNTARY PETITION

EXHIBITS A, D AND E TO THE VOLUNTARY PETITION

The Voluntary Petition has several exhibits or attachments that are used in certain cases. These exhibits are not going to be used in all cases. In cases where they apply, a debtor must attach these forms to the Voluntary Petition.

OFFICIAL FORM 2, DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF A CORPORATION OR PARTNERSHIP is a simple form that must be used whenever the filer is not a person. This form is signed by the person who is authorized to sign on behalf of the entity. The person signing must also list his title so that it is clear under what circumstances the person signing the paperwork is acting.

 There is usually a resolution by the governing board or body that allows this person to sign the certification on its behalf.

 EXHIBIT A is used only when a debtor is filing a case under Chapter 11 of the Bankruptcy Code and if the entity is one that files reports with Securities and Exchange Commission. This form lists the number and type of shares that have been issued. The form also lists the total amount of assets of the corporation as well as total liabilities.

 EXHIBIT C is an exhibit that must be filled out by a debtor that has environmentalism issues. The business may be using chemicals that cannot simply be left lying around if business ceases. If the business has some other type liability such as hazardous waste or land with a lot of waste on it, that must be disclosed at the time of filing.

 EXHIBIT D-INDIVIDUAL STATEMENT OF DEBTOR’S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT

 This may be the most useless or best form that you may ever sign. Congress made changes in the Bankruptcy Laws when amendments were passed in 2006. There was a belief that many individual debtors were filing for bankruptcy without understanding the impact filing would have on the debtor’s life. There was also a belief that debtors did not understand different options in bankruptcy or even if some other type of action such as a debt consolidation outside of the Bankruptcy Code might be better for debtors.

 I personally believe that many people who never file bankruptcy in South Carolina would be better off if they had filed bankruptcy. In South Carolina, garnishment of wages for most types of debt is not possible. For that reason, a debtor can sometimes stick his or her head in the sand rather than deal with financial matters. In states that have wage garnishment for most types of debts, the rate of bankruptcy filings is much higher than in South Carolina.

Before you can file a petition under the Bankruptcy Code whether you file the Charleston, Columbia or Spartanburg, South Carolina divisions you must take a Debtor Education Course. This course can be taken in a classroom, on-line or by telephone. The courses are not that expensive and will usually take around an hour. Perhaps the course will teach you at least one new idea or thought about how you can better . If that happens, then the course is worth it.

 Too often, we go days without learning anything new. One new idea is always better for you.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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