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Prior Discharges - Questions Regarding New Pro Se Filing

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  • Prior Discharges - Questions Regarding New Pro Se Filing

    Good afternoon all,

    I am in the process of filing another *sigh* Chapter 7 proceeding. I have a couple of questions that I would like to have answered if at all possible.

    Just a little background, I have 2 discharges:

    First - filed 12/12/1997 - discharged 4/2/1998 - closed 4/7/1998
    Second - filed 7/9/2004 - discharged 10/26/2004 - closed 11/1/2004

    I'm in the Commonwealth of Virginia and am able to file again, but do I list both discharges on my filing (there is only space for one on the Schedule).

    Secondly, due to unemployment and medical issues, I relied on payday loans last year. There were so many that I forgot some of the names. Is there a way to find out who I owe? I was looking online for resources - similar to Telecheck for bank accounts - but was unable to find anything.

    So far, none of the payday lenders are showing on either of my credit reports.

    Thanks in advance for your help!

    I want 2014 to be prosperous and this is my new start.

  • #2
    My reading of Official Form 1 (Petition) is "All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)". (That's directly from Official Form 1). It reads "within last 8 years" so neither of those bankruptcies would be listed on that form.

    If you are a no-asset case, not adding the creditors won't be as much trouble. If you are an asset case, then you really need to find out who those payday lenders are and you need to list them.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      justbroke,

      Thank you for the clarification. I've been so overwhelmed dealing with this that my eyes are crossed. LOL

      Comment


      • #4
        Don't payday loans usually require a bank account so they can withdraw the payments? Do you have your bank statements?

        Comment


        • #5
          Originally posted by Pjmax View Post
          Don't payday loans usually require a bank account so they can withdraw the payments? Do you have your bank statements?
          Hi Pjmax,

          Unfortunately, I no longer have the bank account that they were deposited into. The account was closed due to multiple nsf's because of the vicious payday loan cycle.

          Comment


          • #6
            I am in the process of compiling my creditor matrix. Virginia requires that it be submitted on a diskette or in a scannable format. Should I just do a text only Word document? Are there any other suggestions?

            Comment


            • #7
              Originally posted by vibrantthang View Post
              I am in the process of compiling my creditor matrix. Virginia requires that it be submitted on a diskette or in a scannable format. Should I just do a text only Word document? Are there any other suggestions?
              I found the following Instructions for Creditor Matrix Diskette on the Eastern District of Virginia's website: https://www.vaeb.uscourts.gov/wordpress/?wpfb_dl=232 It was under local forms. It is probably the same in all courts, but If you are in one of the other districts, check to make sure. Also look for other local forms that may be relevant to you.

              The format for all diskettes should be one of the following (depending on your
              software): ASCII DOS Text, Plain DOS Text or Text Only.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment


              • #8
                LadyInTheRed,

                Thank you so much for taking time to reply to me. I found the instructions on their website, but I wondering if a plain text Word document would suffice. I have saved the local forms that I am required to file as well.

                Thanks again

                Comment


                • #9
                  The Matrix is a VERY SPECIFIC format. Please make sure you follow the Local Rules on formatting. A Microsoft Word document is not correct. If you submit on a CDROM, the disc must be labeled appropriately and the file needs to have a particular name and be in ASCII. Again, the format is VERY SPECIFIC especially when it comes to how many lines per creditor address as well as maximum line width!

                  Please make sure you follow the rules for submitting the creditor matrix! If you are unsure, please call the Clerk of the Court's office and ask about the format.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    In Word, create your document in the required format. Then, go to "save as" and chose "text only" as the file type. That may be what you mean as a "plain text Word document." It really is no longer a Word document when you save it as "text only" as described in the court's instructions.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                    • #11
                      Justbroke and LadyInTheRed,

                      Thank you so much for your responses. Calling the Clerk's office is like pulling teeth!

                      Comment


                      • #12
                        I've pretty much completed everything and all I have to do now is review to make sure there are no errors. I plan on filing Wednesday 1/8/2014. My final question is, in the Commonwealth of Virginia, you are required to file a Homestead Declaration. I've searched and searched but can not find this information anywhere. A call to my friendly Clerk's office proved fruitless. I have no assets - home, car, furniture, etc. Is this something that I must do since I don't have any land to record?

                        Comment


                        • #13
                          A homestead declaration is filed to protect your home from creditors. If you own no home, there is no homestead declaration to file.
                          LadyInTheRed is in the black!
                          Filed Chap 13 April 2010. Discharged May 2015.
                          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                          Comment


                          • #14
                            You are a lifesaver! I was racking my brain trying to figure that out. Thanks so much!

                            Originally posted by LadyInTheRed View Post
                            A homestead declaration is filed to protect your home from creditors. If you own no home, there is no homestead declaration to file.

                            Comment

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