Filed Pro Se

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More good news. A couple of more claims came through today and one was from a secured creditor (store card). They filed as a general unsecured creditor. So instead of paying them 100% -- to keep my new plasma TV -- they'll get what all the other unsecured creditors are getting.

In hindsight, I should have listed all credit cards (store) as unsecured on my Schedules. In any event, I have a provision in my Plan which states that they'll be treated as unsecured if they file as such.

I was really surprised when the attorney I spoke with said 2 of my creditors, which I had assumed would be secured, are really unsecured.

One company is CitiFinancial, $11k for new windows for the house, and CitiBank/Home Depot for $18k, most of that was for a new central AC.

Months ago I had nightmarish visions of CitiFinancial "repossessing" my windows because I hadn't paid the bill...

[justbroke]

More good news. A couple of more claims came through today and one was from a secured creditor (store card). They filed as a general unsecured creditor. So instead of paying them 100% -- to keep my new plasma TV -- they'll get what all the other unsecured creditors are getting.

In hindsight, I should have listed all credit cards (store) as unsecured on my Schedules. In any event, I have a provision in my Plan which states that they'll be treated as unsecured if they file as such.

[No Gravy]

I'm now 4 for 4 in getting my Objections to claims sustained! It's almost fun in these adversarial-type motions. However, I'm scared, because I was sustained on my objection to a very prominent and fierce law firm. I know they are smart and crafty. (There's another one which has a 30-day negative notice on it, no response yet, so it will be sustained and I'll be 5 for 5.)

WOW! Thank you so much for posting your experiences here...I'd have never known a David vs Goliath win was possible before this forum. Go get 'um!

I had two claims for some charges from AMEX from 10 and 20 years ago. (Yeah, that's not a typo).

*blink* Did the judge at least giggle at that?

I had a claim from some company I never heard of claiming an account I never heard of. I also had another claim from a company with a secured claim, but their docs aren't in order.

Amazing, simply amazing.

REMEMBER FOLKS: KEEP UP ON YOUR CLAIMS! Most importantly, just because a lawyer sent the Claim Form and signed it... doesn't mean the amount is ACCURATE!

I know the company who's processing my foreclosure can't be too swift. I've received in the neighborhood of over 20 identical NODs. Got another 9 yesterday. They must be keeping the post office in business.

[justbroke]

I'm now 4 for 4 in getting my Objections to claims sustained! It's almost fun in these adversarial-type motions. However, I'm scared, because I was sustained on my objection to a very prominent and fierce law firm. I know they are smart and crafty. (There's another one which has a 30-day negative notice on it, no response yet, so it will be sustained and I'll be 5 for 5.)

A mini-review. I had two claims for some charges from AMEX from 10 and 20 years ago. (Yeah, that's not a typo). I had a claim from some company I never heard of claiming an account I never heard of. I also had another claim from a company with a secured claim, but their docs aren't in order.

The other one is an invalid claim amount on one of my mortgages. I'm not trying to not pay the claim... the problem is that the amount is just wrong. Judge agreed with me so far (not in an evidentiary hearing, but I received an immediate sustainment of the objection).

REMEMBER FOLKS: KEEP UP ON YOUR CLAIMS! Most importantly, just because a lawyer sent the Claim Form and signed it... doesn't mean the amount is ACCURATE!

[justbroke]

Wow, fastest Order sustaining objections to claims I've even seen! I overnighted 3 objections to claims (I've objected to 4 out of 6 so far), and the court already has sustained my objections for lack of documentation!

These Creditors are crazy with what they submit.

[epiphany]

It's a Chapter 13, so creditors, especially unsecured creditors, need to file Claims to get any money from the Estate (from the Trustee).

Ah, didn't know that, thanks for the info!

I hope no more of them file claims on you!

ep

[justbroke]

Congrats JustBroke..that is great news.

Just curious, do you know why the claims were filed against you? Just wondering what criteria they use.

Thanks...

It's a Chapter 13, so creditors, especially unsecured creditors, need to file Claims to get any money from the Estate (from the Trustee).

I don't know why they're taking so long to file claims! I've also read where some Creditors won't subject themselves to the Bankruptcy Court, which filing a Claim does to them.

[epiphany]

Congrats JustBroke..that is great news.

Just curious, do you know why the claims were filed against you? Just wondering what criteria they use.

Thanks,
ep

[justbroke]

341 Meeting Concluded!

Yep, 341 Meeting Concluded. I didn't even get grilled! I was the absolute last one on the list to have my meeting with the deputy Trustee since other folks had Attorneys. However, people were late, not in the room, or their Attorney was missing, so I actually was NOT the last person! (They separated us into two rooms, one for Chapter 7 and one for Chapter 13). The Chapter 7 people looked nervous.

The questions asked me were:

• Swear to tell the truth.
• Aware that the forms were done under oath and penalty of perjury
• Are the Schedules and Statements correct or do they need modification (I answered that my B22C needs an update but the overall DMI only changed by $50 or so... he was OK with that!)
• Why am I keeping my Investment Property. (Because I want to move into it some day!)

Then he handed me a bunch of envelopes for payments and said that's it and Good Luck!

I even chit chatted with a couple of lawyers outside the court. Some of them were telling their people to go sell their car or abandon it. One guy told me he didn't wear a watch (Lawyer's suggestion). I didn't wear one either. ;)

In any event, I'm listening to the other people get grilled on some things, but overall the deputy Trustee was "nice". There were several "local" creditors at the meeting. One of them asked a Debtor where the car was and if they brought it with them. I thought they were going to take it right there, but no, they just wanted to take pictures to document the condition (for valuation).

I was asked no more questions than anyone with an attorney. They liked my overall package and my Plan (it's thorough with 15 provisions), although they're not sure if I'm committing all my DMI. I've already submitted and was granted my motion on a Wage Deduction Order and I've also filed one Claim Objection and have 2 Motion to Determine Secured Status in my pocket waiting.

I only have 3 claims filed against the case, so nothing is really progressing as quick as I thought it would.

My confirmation hearing is scheduled in September with one evidentiary hearing (for my other Motion to Make Direct Plan Payments to Trustee).

I'm feeling great!

[justbroke]

Wow, your attorney is high! Mine was only $1400 and I only had to come up with $200 up front I think....and the rest went into the plan...I can't remember exact figures but he was great to work with.

The one attorney I talked to said because it was an "emergency" (being two weeks from sale / foreclosure). Oh well.

[MajorMike]

Wow, your attorney is high! Mine was only $1400 and I only had to come up with $200 up front I think....and the rest went into the plan...I can't remember exact figures but he was great to work with.

[justbroke]

Notice of Deficient Filing

Well, my first procedural problem. I just got a Notice of Deficient Filing on my Objection to Claim! Yes, stupid me... I cut and pasted the address from the Claim directly out of CM/ECF (PACER) and forgot to add "Attn: SoandSo SomethingRatherAnother". Yep, the clerk sent it back to me. Sheesh.

Oh well... details details details. I had read the Local Rule and I knew what I was doing, but one simple line missing and you get a deficient filing.

[No Gravy]

You belong in the Pro se hall of fame Congrats on getting through that.

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Since PACER can be confusing to use, I thought I'd post a short Tutorial on how to access information about an Individual's Case.

Excellent, thank you!

[justbroke]

Hey Mike. I didn't get an e-mail notification of your posting. So sorry for responding late.

In any event, I filed pro se for two reasons. Of course, the first is money. A few lawyers I consulted with wanted $2,800 in a retainer and the balance in the Plan. I just didn't have that on that date.

The real problem was that I was working with my Bank to save my investment property. They were dragging their feet for MONTHS. They even told me, once I reached them 2 weeks before a sale date was assigned (!), that they wait until the last minute because there is just too much to do! So, it was Tuesday and I hadn't heard from them and needed to file by F4riday (to stop the Monday morning sale). So, I had talked to lawyers two weeks prior and the almost $3K they wanted on retainer was way too much and I couldn't afford it (I had some mandatory large payments to send out that same week).

Anyhow, time ran out and I had no choice but to file.

The second was, I believe(d) that I could do this myself... even with the complexity. Worse case is I end up retaining a lawyer. I do not recommend this for anyone, unless they are savvy and diligent. There are just way too many procedures and rules. If it's a straight No Asset Chapter 7 or even a very small Chapter 13, no problem. My unsecureds are over $200K and my secured is over $1,000,000.00. Lots of creditors... complex. However, there aren't any strange things so I thought I'd give it a run.