Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

What was YOUR experience in filing?

  • Filter
  • Time
  • Show
Clear All
new posts

  • What was YOUR experience in filing?

    This sounds weird, but I haven't actually seen that much about the finer details about people's experience in the process. I've watched some videos on mock 341 meetings and they really didn't seem to ask too many questions. I've read the question list.

    What about when you went over things with your attorney? What was your experience with that? How did you guys come up with the value on items? I've heard "garage sale prices," but how do you make those determinations on things you wouldn't sell at a garage sale like jewelry, firearms, pets, ect. I've also heard things get "lumped" into categories, like electronics $100, clothes $50, ect? If you didn't have any assets per se but they determined you had over the allowances, what kind of things did they take to sell? Did any creditor try to repo anything? Did any creditors try to claim fraud against you? Did any creditors show up to the 341 at all? If so what kind of questions did they ask? If they determined you need to give up a % of your bank account and paychecks, how is that taken? Do you have to write checks or does the trustee just take it out of your account?

  • #2
    I just realized some of this might be answered in the 341 threads, but maybe some of it isn't :o)


    • #3
      When I filed Ch 7 I had several thousand dollars worth of miniature hereford cattle that I couldn't exempt. I was betting the trustee didn't want to get into the cattle business, and sure enough, he didn't.

      I think you can list a number of items over the limit and not really have to worry. Just don't leave anything easy for the trustee to grab, like cash or jewelry unexempted.
      Case Closed > 2/08/2010


      • #4
        For me it was easy. I live in Washington, where we have the choice between using the Washington State and the Federal exemptions. Given I don't own any equity in my residence (I rent), it made it easy as I have less than $11K in possessions. Easy peasy. Until the trustee finds that my deceased grandpa (same name as me) had a property sold in the last two years as part of his estate. Then my attorney did some research which killed off the ever so dreaded rule 2004 hearing (hope you don't ever have to endure one of those nightmares) and we all agreed more than likely something in probate. Just goes to show, if you own property and try to hide it, you will be found!!! And maybe if you don't own property and as such it's hidden.


        • #5
          My experience in filing is that Chapter 7 bankruptcy was easy and painless. It really is not intended to be difficult or burdensome, unless you are trying to hide something or "game the system". For people who are legitimately poor, and need the relief of bankruptcy, it is really not designed to be burdensome.

          I filed pro-se, so no attorney (and no attorney fees). I used the book How to File for Chapter 7 Bankruptcy by NOLO Press, together with this forum, and other resources available online. I lumped all my personal property into categories, when I filled out my Schedule B.

          For example, under #1 (cash on hand) I put "On our person, $50". Under #2 (bank accounts), I put "Bank Name, $800". Under #3 (security deposits), I put "Security deposit for apartment, $500". Under #4 (household goods), I put "Home furnishings and effects for 2 persons, $120" and "Home electronics, $50". Under #5 (books, motion pictures, art), I put "College textbooks, music CDs, DVD movies, $200". Under #6 (wearing apparel), I put "Clothing, shoes, bed linens, towels for 2 persons, $120". I didn't own anything under any of the other categories.

          My point is that you don't really have to itemize every individual item, and you lump stuff together using pessimistic yard sale values. For example, that computer you paid $500 for 10 years ago? It's worth maybe $20-30 today. Your collection of music CDs and DVDs, which might have cost thousands when new? They're worth maybe 50 cents per disc. That old TV that cost $300 in 1997? You can't even GIVE those away for free now.


          • #6
            I filed 13 and if I had to do it over, I would not have tried so hard to assess value of things. Fortunately I was out of work for a couple of weeks and plenty of time on my hands to value stuff. I used the Goodwill donation charts or the garage sale rule of thumb (10-20% of the price you bought the item as new) or a lot of household items, I went on ebay to get the value of collectibles and more valuable items. Cars on Kelly Blue Book.
            Filed Ch 13 Fall 2013, 60 month plan


            • #7
              Thanks for the input so far! It' good to know. I don't have anything valuable. The only things I'm worried about at this point is a CU taking my car and claiming cross collateralization and a payday loan that was taken out right before k started calling behind. I left my spouse 2 weeks after the loan because he threatened me. I even have the moving papers. I tried to work out payments with the payday people and they accused me of having known the divorce was coming and planning to defraud them. So I've been trying to pull together evidence that it was coincidental in case they come claiming fraud. I'd happily pay them to make them go away after I finish having to pay for taxes owed by April and get through the divorce. I have that USPS informed delivery where they scan the front of your mail to email, and I'm getting a "official notice" from a collector addressed to my old address. I'm betting it' them because I've had no delinquencies or collections until losing my spouses income.


              • #8
                Collectors will say whatever they can to scare you so that you will pay them. From what I understand, payday lenders are the worst. Ignore their threats. That "official notice" very well may be just another scare tactic. Don't pay a penny! As long as you put 70 days between the last loan and your BK filing, the lender is the one who has to prove that you took the loan without an intent to pay. In the many years I have been on BKforum, I have read of many people afraid that a payday lender might file an AP, but have yet to read of it actually happening.
                Last edited by LadyInTheRed; 02-24-2018, 04:35 PM.
                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!


                • #9
                  Thanks it is really helpful hearing others experience. I am totally scared! Hearing other people's experience with the process has kind of let me know what to expect and what questions to ask the lawyer


                  Unconfigured Ad Widget