Filed Pro Se

[No Gravy]

thanks once again jb....maybe you could just come stay with us for a week...

lmao!

[gregorino]

Thanks, I'll hang on to these and will be subscribing to your blog/thread thing too! NOLO was all I had...it was that or use one of those online (and offshore) services to prepare my filing and that just sounded way too scary.
The clerk i get to see and who answers the phone isn't real "clerkie" to me...seems more like an admin assistant. So, if it comes back, we'll just have to spiff it up a bit more....I would think if they wanted it just so then they'd either say so on the website or at least let you know when you walked in there asking about local rules and procedures and about filing pro se. I guess they're not concerned how much they get you steppin and fetchin...

[justbroke]

Thanks JB! Well, we're in the mix now! Filed pro se on Friday. Clerk gave back the plan saying it needed to be signed. Don't think NOLO advised this, and court had no template or form available to create a plan. Minor detail I suppose....Just added the signature line and whipped it in the mail.

Umm... it's not just signed. It has to be signed under penalty of perjury. Hopefully, the Clerk doesn't toss it back. I have an "unsworn declaration" on the bottom of all pleadings and my Plan. Not all pleadings require a "VERIFIED" pleading, but motions to value do.

This is what I have at the bottom of my Plans.

UNSWORN DECLARATION OF THE DEBTORS

I/We, Mr Debtor and Mrs. Debtor, do hereby declare under penalty of perjury, that I have read the foregoing CHAPTER 13 PLAN and that it is true to the best of my knowledge, understanding and belief.

________________________

For my "verified" pleadings, I use the following signature block...

UNSWORN DECLARATION IN SUPPORT OF
DEBTOR’S VERIFIED MOTION TO AVOID LIEN AND DETERMINE SECURED
STATUS OF SOMEBANK (CLAIM No. XX)

I/We, Mr. Debtor and Mrs. Debtor, declare under penalty of perjury that I/we have read DEBTOR’S VERIFIED MOTION TO AVOID LIEN AND DETERMINE SECURED STATUS OF SOMEBANK (Claim No. XX) and that it is true and correct to the best of my/our knowledge, information, and belief.

_____________________

I will start a blog soon which will detail my pleadings, motions and what objections and strategy was to winning or opposing creditor motions/pleadings. Not that it's any legal advice, but helping other pro se filers see what happens and how to handle other things. The NOLO book is good, but I haven't used it at all (even though I purchased it). I've learned more by researching my District rulings, local procedure, talking to the Clerk, talking to lawyers on dates I attend hearings (believe it or not), and attending trials when I have nothing else to do.

[gregorino]

Thanks JB! Well, we're in the mix now! Filed pro se on Friday. Clerk gave back the plan saying it needed to be signed. Don't think NOLO advised this, and court had no template or form available to create a plan. Minor detail I suppose....Just added the signature line and whipped it in the mail.

[justbroke]

In Florida, Tax refunds are exempt. Does that mean they also remain exempt from being tossed into the repayment plan for Chapter 13?

My Trustee hasn't asked for my refunds. I'm not sure if they are exempt or not when it comes to the Plan.

Having wrote that, say you overestimated your tax withholdings at $2,000/month Your deiposable monthly income (DMI) is partially based on that. Say you received a $2,400.00 refund in the following year. Does that mean you should have paid an additional $200/month to your unsecured creditors (into your plan).

I should have this answer within 30 days... as I'm working this through now. But, so far, I haven't been asked for refunds.

[gregorino]

Tax Refunds in Repayment Plan

In Florida, Tax refunds are exempt. Does that mean they also remain exempt from being tossed into the repayment plan for Chapter 13?

[justbroke]

Well, my payment was $6,350 when I still had my Investment property in the mix. Giving that up.

It's still likely that it will go to $5,900 if I have to pay taxes and insurance through the Trustee.

Worse yet, the Unsecureds, with my latest Plan, are getting around 2%-10%

[NowImDownInIt]

I just have to say, JustBroke, that your payment is by far the HIGHEST I've seen jeez, LOL, that's more than my gross each month!!

[gregorino]

Thanks JB....I've pretty much convinced myself to not bring it up for a couple of fairly sound reasons...First, the form specifically excludes limited partners, and a Florida LLC does limit liability to the members investment, which does make them "limited partners."
Secondly, our LLC's were set up to trade currency and did not have assets or income...on paper they made some money for awhile, but eventually we lost everything we had invested.
Does this seem reasonable, or you think it safer to list them on Form 7 - Statement of Affairs?
I do understand completely about the legal advice issue....But going Pro Se is like being blindfolded, thrown into the trunk of a car, and then dropped off in the middle of Ocala National Forest. There's not alot out there to steer by...NOLO covers the Big Picture, but is fairly silent and/or unspecific on the details....Gratzi!

[justbroke]

Oy Veh!
Another form, another question....JustBroke, maybe I could just pay you! You really seem to have a great handle on this stuff!

My wife and I had 2 LLC's in Florida which are now ka-put. We ran up most of our credit card debt for living expenses while we were trying to get the business profitable...
Anyway, I'm up to the statement of financial affairs which covers a couple years look back on income during which time we actually showed the LLC's to be losing money. Do I need to try and work that into the statement of affairs somehow? Help?! Thanks!

Thanks but two things. First, I'm not offering legal advice << insert legal disclaimer here >>. Second, you can't pay me because then you'll have to list me on your schedules.

Anyhow, the Statement of Financial Affairs should detail what happened to the LLC and how it ceased operations (and when). Just fill out the appropriate section. I had a sole proprietorship, so I only needed list the DBA name on the Form 1. I believe the lookback for owning part of a corporation (even an LLC) is 6 years, so you'll have to include that in your statement. (Question 18 and around there are the business disclosures.)

I'm just a broke pro se filer... trying to get by.

Note: that anything you add other than past W-2 earnings, like corporate officer, owned business, lawsuits, etc, are scrutinized more. However, you need to be truthful and list them. You will be asked questions about those dealings, for sure. The biggest thing will. be business records. The Trustee will likely ask you for your business records to see where the money went.

Also, I don't speak Yiddish.

[gregorino]

Statement of Affairs

Oy Veh!
Another form, another question....JustBroke, maybe I could just pay you! You really seem to have a great handle on this stuff!

My wife and I had 2 LLC's in Florida which are now ka-put. We ran up most of our credit card debt for living expenses while we were trying to get the business profitable...
Anyway, I'm up to the statement of financial affairs which covers a couple years look back on income during which time we actually showed the LLC's to be losing money. Do I need to try and work that into the statement of affairs somehow? Help?! Thanks!

[gregorino]

401(k) loan repayment

My wife pays $500 month to a 401(k) loan she took out a few years ago. Should this be listed on a Schedule? Schedule F - Unsecured Creditors or maybe Schedule G - Executory Contracts? Any ideas would be welcome!

[gregorino]

Thanks once again JB....Maybe you could just come stay with us for a week...

[justbroke]

I have not listed any codebtors anywhere so far on the schedules, and do not intend to do so. Does anyone have any thoughts contrary to that? Thanks!

So long as none of the debts that you list on the schedules have a joint debtor, you are okay.

Say, she has a VISA in her name onme only, then you don't list that. If you have a VISA in your name but she's a co-signer/co-applicant, then you must list it.

Other than that... you would have no co-debtors.

[gregorino]

Question about the &quot;Codebtor&quot; thing...

I'm filing Pro Se and it's actually going to be under my wife, filing individually.
All of our unsecured credit cards are in her name and the mortgage is in her name as well. I have not listed any codebtors anywhere so far on the schedules, and do not intend to do so. Does anyone have any thoughts contrary to that? Thanks!