needs help

I am filing pro se chapter 7 is what i need base on my income i surely qualify.
I have 5 questions hope anyone will be willing to help.

1. Question: I received my refund this 2008 for about 2300
Now its gone and finished. Should I still declare it? where should i put that? and what to put in it?

2. Question: I have student loan lets says 50k i still go to school
Should i put that on the schedule E and F. or is it ok to not put it in F?

3. Question: What about the 14k i have in the bank that i took 3 months ago to give to my brother, He went to visit my home country china. to help my mother.
should i declare that i took some money 3 months ago even if its not in my possession anymore? Because it will show in my bank statements.

4. Question: Im married i have 2 kids.
I go to school and work and support my wife and kids.
In the means test, how many household should i calculate if im the only one working while my wife stays with my kids at home. 1,2,3.4?
How many?

5: question: I took the credit counseling, I dont know what i was thinking but i screwed up. WHy? because I get 2 checks a months from work and i used one pay stubs to calculate my gross income (monthly) it was too late when i realized it. So i contact the agency right away.
and explain to them what happen, I told them if i have to re take the test and pay again i would , I didnt intend to lie. It was a mistake. But they said its ok Because what matters was my CERTIFICATE which i have now.
what do u think about it guys?


Thank You THank You so much to all

cafiler, I moved your thread here to the Pro Se forum. The Bankruptcy FAQ forum isn't intended for posting personal questions.

I'm sure one of our Ch 7 pro se filers will be along to answer your questions soon!

thank you

1. Question: I received my refund this 2008 for about 2300
Now its gone and finished. Should I still declare it? where should i put that? and what to put in it? I think if you already spent it you don't need to list it anywhere since it's not income and is already included in Sched. I (gross income with taxes deducted). Since it will be listed on your bank statement, make sure to have receipts to show how you spent it.

2. Question: I have student loan lets says 50k i still go to school
Should i put that on the schedule E and F. or is it ok to not put it in F? You must list your student loans on Sched. F. They will not be discharged, but still must be listed. Also be sure to include them on your matrix. There is a summary page for the schedules where you "subtract out" the amount of student loans from Sched. F which will be an accurate reflection of the amount being discharged.

3. Question: What about the 14k i have in the bank that i took 3 months ago to give to my brother, He went to visit my home country china. to help my mother.
should i declare that i took some money 3 months ago even if its not in my possession anymore? Because it will show in my bank statements. I'm not sure about this one, but it sounds like it could get complicated.

4. Question: Im married i have 2 kids.
I go to school and work and support my wife and kids.
In the means test, how many household should i calculate if im the only one working while my wife stays with my kids at home. 1,2,3.4?
How many? Your household size would be four. It doesn't go by who works, it goes by how many are in your family.

5: question: I took the credit counseling, I dont know what i was thinking but i screwed up. WHy? because I get 2 checks a months from work and i used one pay stubs to calculate my gross income (monthly) it was too late when i realized it. So i contact the agency right away.
and explain to them what happen, I told them if i have to re take the test and pay again i would , I didnt intend to lie. It was a mistake. But they said its ok Because what matters was my CERTIFICATE which i have now.
what do u think about it guys? It should be fine. I would just use the certificate you have.

My biggest addition to what jennordhavn already wrote... get the NoLo Chapter 7 book immediately! You have many questions that can be answered there.

In addition, preparing the petition which can be 2-30 pages easily, takes knowledge that isn't generally available by reading the "instructions". You can get an electronic copy of the NoLo Guide on-line from the NoLo Press.

So household income does not depends on how many people at work.
So it doesnt matter if my kids are young.
1 is 2 and one is 4. wife dont work.
So put 4 huh? I did the means test and put 2.
Now i will do it again.
Well I have nothing to exempt except the fuIrniture, clothes and the 50 bucks left in the bank.
cars which is not paid off. so the 14k i can declare it, its just i dont have it with me anymore it was used by my brother when he wen to china to see our mother. taxes yes its done but i have some cash i guess i will just put it in the bank or keep it as cash and declare the cash in my wallet.

As for the NOLO i do have the nolo book i baught one.
and i am following all the petition needed.
Student Loan i was intending to put it in E because its not discheargable and collection to F.
Anyone who can give more input to this one? Im debating about this student loan.
I am really going to just put it on F and E.
then the car on D (im re affirming) and credit cards and collection on F.

If i am re affirming a car, should i still put it in the exemption?
So many questions I know
Im so glad i found this site very helpful!

Thanks for your time thank u to all who replied and who will reply.

That $14,000 issue is going to be a problem.

When you say you "took money", what exactly do you mean. Did you take a cash advance from your credit cards"

This issue alone is enough to justify hiring an attorney. A couple of things are likely to happen
1. If this was a cash advance from a credit card, the creditor is likely to object to the discharge of the debt.
2. Since you paid the money over to a family member, the trustee is likely going to demand that family member pay the money to the bankruptcy.

It will be less expensive for you to spend $2000 on an attorney and have him come up with a strategy then for you to go into this pro se and lose $14,000.

I sound like a broken record, but I concur with HHM.

I didn't really address your $14K problem as others have chimed in. However, that type of insider transfer is going to be scrutinized and it is highly likely the Trustee will recover that money from you or your relative(s).

You have enough issues to justify hiring an attorney, or at least seeing legal aid or a similar pro bono service if you can't afford to hire an attorney. You have an issue -- with the money -- that I think is going to cause you a world of headache, trouble, and perhaps money. As such, I'm reluctant, myself, to offer any more of my opinion on this. (Not enough detail and it looks like you are already having trouble completing the forms themselves.)

Attention:
I desperately need somebody to confirm this to me.
I wanna finish my petition today.
and the means test. tells me i pass and no need to continue.
is that ok? or should i still continue all the way.
i got it from the legal consumer.

Me (who works) My wife ( who doesnt work) my 2 kids
(2 yrs old, 4 yrs old)
Total Household 4?
somebody told me kids dont need to be included especially minor.
If u were to do it and u are in the same phase, will u actually put only 2. or 4 coz i did 2 and im not sure about it. huhuhuh Please I badly need this.

As for the NOLO I Do have one.
and i dont understand the system 1 and system 2 its not even giving me the whole code that i need to put.
But i followed the procedure and the documents list in the petition i have to submit.
I think with all the help from here i will survive.
thanks a lot

We can't tell you exactly what to write on your schedules, but can give you help in assisting you in determining what you should write. Is that fair?

Me (who works) My wife ( who doesnt work) my 2 kids (2 yrs old, 4 yrs old) Total Household 4?By what you wrote, that's a 4 person household. They all live in the same home/apartment, right?

somebody told me kids dont need to be included especially minor.Read the book (NoLo). Don't listen to people who haven't filed before. Kids do count. Make sure you follow the rules in that you never name children in a petition. You should only say (Child Age 2, Child Age 4).

If u were to do it and u are in the same phase, will u actually put only 2. or 4 coz i did 2 and im not sure about it. huhuhuh Please I badly need this.See what I wrote above.

As for the NOLO I Do have one.
and i dont understand the system 1 and system 2 its not even giving me the whole code that i need to put.
But i followed the procedure and the documents list in the petition i have to submit.If you don't understand System 1 and System 2, I don't think you're ready to file. Each has an advantage for a particular situation. You have to review "your" particular situation and run the numbers "both" ways to see which one is more advantageous to you. If you have no real property, generally, System 2 is better. However, you need to look at your total picture to determine this. I always suggest just running it both ways and see which one protects more personal property.

thank you so much justbroke.
Im so greatful that i found this site and bump to people like u who is willing to share,
So ok i will put 4 on the household. wow its gonna give me a lot of allowance for the income im way below now. i make about 3200 a month thats all
and i put 4. wow im too far for from the income.thank u again

I feel horrible saying this but I'm reading this shaking my head because I am really truly scared for you filing on your own. You don't seem to know enough to actually represent yourself should any problems arise. I really really hope it all goes well but... I'm really worried for you...

I'm feeling the same way, hope :(

OP, please please try to get Legal Aid....where in CA are you? I do have a couple of lawyer friends in CA who might be able to at least help me direct you to a low/no income referral service or something.

now im worried too.
OK this is what i did.
Voluntary petition.
schedules
A real property i didnt put anything coz i rent
B personal property just money left in the bank, furnitures, car that im paying(1)
cash on hand , and clothing apparell
C. exemption car , cash , bank, furniture, clothes
d. car im paying
e. student loan
f. credit cards, medical bills, 1 collection, and i also put the student loan again
g. lease, i dont lease
h, co debtor. I dont have one
i income. used my pay stubs
j expenditures - my real expenditures, i had negative so i re figure it to have it 50 dollars left.

means test, affirmation, declaration that im filing without no body's help.
creditor matrix, ( i typed it in a black word docs 12 font arial I put student loan, credit cards, car lender, basically all my D E F) summary schedules, liabilities. I followed exactly the NOLO petition compilation thats needs to be sent.

I have only 2 credit report, equifax, transunion
6 months pay stubs
6 months bank stayments
4 years taxes
whatever statements i received from creditors i did it.
I will finish it tonight, and i will send this tomorrow.
BEfore i send it i will type again the whole docs i have that i will send
oh ssn statement also.

the 14k i didnt declare it its gone its in china already.
3 months ago.
should i declare it even if its gone.
coz what if i did i wont be able to keep them because my car itself is 10k
i am re affirming a car it is valued at kelly for 10k and i owe only 9,800 .
so i assume the value is 10k if i add the 14 then im over.

the only think i dont know is the code for the car that i will re affirm and the cash on hand.
thank u guys for your concern im getting nervous now.

Wow, I hate seeing people fall victum to the price vs cost problem. You are filing on your own because you think its the cheaper "price", but this BK, if you go foward, is going to COST you a hell of a lot more than any attorney fee you would be charged.

I'm trying not to just concur with HHM, as I always seem to do, but you have an issue with the $14K and it's going to be evident in your bank statements. :) As suggested, I only ask that you seek Legal Aid or some pro bono service (in the least) to review your schedules with you (if they can), because once you submit those, it's like submitting sworn testimony to the Court. It's part of the record.

I would be on the phone today seeing if there are some Legal Aid services that you qualify for. We just don't want to see you fall into a bad situation if you have questionable things on your petition, and don't have a legal basis for doing what you did, because that will CO$T you.

Please listen to him. I would hate to see another post from you freaking out because you are being questioned about the 14k or anything else that you were unsure about but just filled out anyway hoping it would be ok. Because it sounds like you are kind of flying by the seat of your pants here and that's no way to do a bankruptcy.

That 14k IS going to be a problem. It doesnt matter if its spent Or who you gave it to. Take it from me. It will be a problem. You need to be honest. The Trustee will see you took it out of your bank acct. & only 3 months ago....Please take all the advise given to you & find legal aid. YOu may qualify for free lagal help.