Pro Se Filer

[morgansgrandma]

Hi
I have more questions. First when I filed my petition with the court does the clerk send it to trustee or am I required to do that? Also my statment of intentions was filed with my petition. I was reading nolo and it said that I must send the secured creditors a copy of the statement of intentions (which I have done) and also a copy to the trustee. My next question is if the answer to the above is yes the clerk sends the bankruptcy petition to the trustee since the statement of intentions was filed at that time also would that count as serving the trustee with statement of intentions?
Thanks in advance for any help
Brenda

[mskristyb]

Newfiler

I just filed ProSe also after about 5 years of thinking about bankruptcy. Once you file all the appropriate paperwork (on the same day is the best course) the court takes over from there. They will send all creditors notices and will forward your info to a trustee they have chosen. You will then get a letter from the trustee telling you when and where your 341 meeting will be. You may also get a questionnaire from the trustee asking you all kinds of questions about whether or not you had anyone help you with your forms. I don't know how they do it in your state, but I just had to bring this questionnaire with me to the meeting. The trustee will ask you some questions about any refunds you may be getting, and will tell you whether or not he is going to seize any assets. They also send all correspondence to creditors letting them know that you have filed and that there is a "stay" preventing them from attempting to collect the debt as of the date you filed. They can be fined for this. So, once you've turned in your petition, as long as changes don't need to be made (amendments filed) you shouldn't have to do much paperwork afterwards.

FYI, i just had my meeting today, and was told that I had the wrong exemption down for my banking accounts. I have 5 days to file an amendment or he expects me to write him a check for the amount that was in the account and stated on the assets when I filed. This is the sort of stuff they tell you in the meeting. They will also ask about any refunds coming to you. Don't be surprised (if you are expecting a large refund) when they tell you that they expect you to file asap and you will need to sign the check over to them).

Also, the court may also send you a notice with a creditor's notice that the address given to the court for said creditor was incorrect and the "stay" notice was "Returned to Sender". The court expects you to provide them with accurate address information. I got one of these today, and will research the address and keep the correspondence for proof. You are responsible for alerting the court if you have found a new address and/or providing proof that there is no forwarding address.

Anyway, sorry about the long post, but hopefully it will be some help, from one ProSe to another. : ) Good Luck!!

[Teri]

In Colorado the debtor has to send a copy of all bankruptcy paper work to the trustee.

[bkfiler]

mskristyb said "I just filed ProSe also after about 5 years of thinking about bankruptcy."

if the trustee asks you when did you consider bankruptcy what are you going to tell him?

maybe that 5 years was a typo and you really meant days.