Notice of Deficient Filing

[avery89]

Ok, I finally filed, but made a few mistakes, and now need to file an amendment. Will note the mistakes I know how to fix so others don't make them, and also the ones I need advice.
1. filed an outdated form- we had started the process Jan of last year, than tried to hold off, and then when we finally did, used the forms that we had downloaded a year ago. One had been updated.
2. forgot form B201A and B202B.... I thought they were going to give those to me at a later date.
3. I use my maiden name, so we had to file a marriage certificate.
4. Listed income on two different forms differently, off by one penny.

Now for my questions.
1. "Creditors uploaded to Bankruptcy Case do not correspond to the list of creditors and schedules submitted with Voluntary Petition". -Not sure what this means. When I submitted my petition with typed debtor matrix (which by the way they specified exact spacing, margins, etc), they then gave it to me and made me retype and upload everything on a link off their website. When I came home, I had another creditor that I hadn't heard of (collection company rather than original creditor), so I went on their website and added them because I thought that was what I was supposed to do. Do you think that is the error, or does that mean that the matrix doesn't match up to the schedule F... because it definitely doesn't. I listed anybody and everybody on my credit report on my debtor matrix- and all the different addresses associated with the company, but only chose one creditor for each corresponding debt on schedule F. For example, I have a debt of $482 that is listed by a hospital, and also by a creditor with somewhat different names and 2 different addresses. I listed all three on the matrix, but just listed the hospital on schedule F. Is that what I was supposed to do?
2. I made a mistake in the description of my vehicle in Schedule B (listed correctly on Schedule C- exempt property), said car was seized the day before I filed (we filed to try to save it), but because the description wasn't exact, trustee wouldn't call the impound to have it released. I'm filing an amendment...BUT, I think I should make some other changes as well.
-I listed value as 2k, because that is really all we really think we could get for it. Although blue book value is more, there are a lot of repairs needed. BUT, my states exemption is $3,500. Can I list the value at 2k but the exemption at $3,500... or should I just go ahead and list the value at $3,500, even though it does not accurately represent our financial picture?
-originally, I listed "misc furniture and kids electronics" as exempt property. Now I'm tempted to specify what I want exempt so that nothing else is seized. For instance, I want my nice bedroom set and grand piano we bought when times were good, but they can have the 15 year old couch that is now 3 shades darker and all my outdated clothes and shoes that have literally been chewed by my dog but we still all wear. Do I need to be more specific?
-should I list the total $4,000 exemption for tools of the trade, even thought my property is not worth that.... but just in case they see some value that I don't.

Thanks for any help.

[ffpmme]

with this notice, is your case thrown out or is it just suspended pending your amended paperwork? Did they list what was wrong? Did u get it in the mail or Pacer? I am still trying to make a decision if I want to become the OCD pacer person. You know that guy.

[avery89]

It is just pending amendments. the missing marriage cert and outdated form they told me right there when I filed that I needed to bring in later, the other I saw filed in pacer. I would definitely do Pacer, I only filed on Thursday, and was able to get on top of the paperwork right away, and will be (hopefully) dropping off the amendments on Monday. I haven't even gotten anything in the mail yet.

[justbroke]

1. "Creditors uploaded to Bankruptcy Case do not correspond to the list of creditors and schedules submitted with Voluntary Petition".

I'm not sure either, but you really do need to have all creditors listed on all Schedules A-F on the Matrix. Actually, I have not heard of any district clerk's office checking the matrix versus the Schedules until now! In any event, having an "unscheduled" creditor could be "problematic" in your District (or because you are an asset case)!

2. I made a mistake in the description of my vehicle in Schedule B (listed correctly on Schedule C- exempt property), said car was seized the day before I filed (we filed to try to save it), but because the description wasn't exact, trustee wouldn't call the impound to have it released. I'm filing an amendment...BUT, I think I should make some other changes as well.

The Description should always include the VIN, Year, Make, Model and Color.

-I listed value as 2k, because that is really all we really think we could get for it. Although blue book value is more, there are a lot of repairs needed. BUT, my states exemption is $3,500. Can I list the value at 2k but the exemption at $3,500... or should I just go ahead and list the value at $3,500, even though it does not accurately represent our financial picture?

You need to use the valuation method for your District. Most (Districts) just go by Kelley Blue Book, NADA or some other guidebook for value. It may be easier to just list the BB value if it doesn't exceed the exemption?

-originally, I listed "misc furniture and kids electronics" as exempt property. Now I'm tempted to specify what I want exempt so that nothing else is seized. For instance, I want my nice bedroom set and grand piano we bought when times were good, but they can have the 15 year old couch that is now 3 shades darker and all my outdated clothes and shoes that have literally been chewed by my dog but we still all wear. Do I need to be more specific?

You shouldn't list "kid's" property at all. Try not to get too granular on the property, but you can protect specific property if you like.

-should I list the total $4,000 exemption for tools of the trade, even thought my property is not worth that.... but just in case they see some value that I don't.

Always exempt property to its fullest value; don't overvalue property! Property valuation can be difficult given that some Trustees (Bankruptcy Administrators) can be very particular and assign "higher" values to certain property. However, you don't want to overvalue property. Just use a reasonable method for determining the value and be prepared to tell the Trustee how you reached the value! (Many trustees do ask how you valued property.)