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first big packet of documents-how do I get this info?

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    first big packet of documents-how do I get this info?

    Paid all my upfront money to my attorney for Ch. 13. Submitted what I thought was everything they needed. Now received the BIG packet in the mail, with little flags saying 'signature', 'what is this', 'need more information'. Was very surprised and upset, because I thought I had given her much of this info in our consultation. At any rate, how do I find out what date I obtained certain credit cards, and what date I purchased a certain item, and how much is it worth now (ie. computer). Would a credit report give me some of this info, then perhaps check Craig's List? Unfortunately, much of this info/paperwork, I just plain don't have anymore. Thanks!!

    I might add, I am filing alone, although married, any suggestions on how to get that disposable income down? My husband has lots of credit cards, which are in his name alone,,,will they take his payments into account and deduct that from our disposable income? Thanks again.

    Ch 13 - not filed yet, shld be very soon tho.
    Last edited by msally1947; 11-29-2008, 05:16 AM. Reason: need to add one more thing

    #2
    Everyone filing a Chapter 13 gets that initial big paper packet after they retain their attorney. I was sick when I saw the size of ours and what was needed to be done to complete it. What you are providing is a draft of what is used by the attorney to prepare your bankruptcy filing. You need to take the time to go through each room in your house and evaluate what is in there, what it's price might be if it sold at Goodwill or an auction, etc. (garage sale price would work also). However, if you have more expensive items like mahogony furniture or expensive artwork or collectibles, listing what you paid for the item will work if you do not have an appraisal on the item.

    Do you have your credit card stubs that you keep after tearing off the top when you send in a payment? Look on the front/back for the information you need. Go to the creditor's website for other information or online at that site if your account is listed online. Yes, credit reports will have the information listed.

    You have to fill out the information as best as you can and if you have questions as to a certain item, call your attorney or question it when you take the form back in. That's what we did - I made a separate listing on the side as to certain questions and we filled them in when we took the forms back in for review.

    Yes, it is a mess but your attorney needs all that information in draft form. As you stated, you have already provided some of the information to the attorney but it needs to be listed in the detailed documents provided to you so as to file your BK correctly with the correct information.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

    Comment


      #3
      that helps

      Hi, thanks for the suggestions! I am going to go get my free credit report and see what I can dig out of that. Then look through cc stubs, if I have any saved from that far back. One of the things they are asking for info about is a computer that I purchased from CompUSA over 2 yrs ago (or more) which I doubt is worth little these days, what with computers coming down in price so much. You could buy one 4 times faster for 1/4 of what I paid for it originally.

      Thanks again.

      Anyone know about the question of my husband's cc payments, since he is not filing? Will they take that into account, when they calculate the disposal income?

      Comment


        #4
        I was originally planning to file by myself, then ended up filing joint, but in initial consultation the lawyer said that hubby's minimum payments would be included in the calculation of disposable income. That being said, I've also read on here that some trustees really frown on this, since one creditor is getting paid as agreed while another isn't getting paid much at all, but my lawyer said it was part of the plan. That being said, it's only MINIMUM payments that they will allow, so he can't claim payments above the minimum, and if his payments increase over the life of the plan (say he takes on more debt or his interest rates go up) I don't think the trustee will care and you won't be able to modify the plan to get higher and higher allowances for his credit payments unless there are some extreme extenuating circumstances. So he better plan to stop using his cards during the CH 13, in fact he needs to be really on board with the whole budget to make it work, even though you are filing by yourself.
        Filed CH 13 September 17, 2007
        Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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          #5
          this is good to know!

          Thanks again for some good comments. I agree, hubby needs to be on board with it all. I have asked him over and over if he is sure he doesn't want to file with me. He says he doesnt. The reason being (I assume) is that this is 2nd marriage for both. I was divorced for 22 yrs, he div. for 10 yrs,,,then we married. Have been married now for 9yrs to him. But we have always kept our cred. cards separate, and we split evenly the mutual bills. Just the way we do things.

          Thanks again for any and all advice/tips, etc!!

          Comment


            #6
            My attorney said that if my Husband had seperate cards from me, that I could not use his payment amount in our monthly expenses. The Trustee wouldn't let him pay his creditorsa as agreed and not me.
            Filed Chapter 13 05/23/08
            Converted to Chapter 7 Jan 2012
            Discharged April 2012

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