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  • david1971
    started a topic Good News!

    Good News!

    Ok. So I finally have some good news. I told you I have not given up, despite getting very stressed, depressed, and hopeless about all this. It is also exciting. The possibility.

    So my Motion to Reconsider the Fee Waiver is scheduled to go before the Judge! I have to see if I can do that on the phone.

    It looks like the Trustee is willing to work with me on the Telephonic 341. It is his first time ever hearing about such a procedure!

    But! There are two issues still.

    1. The court date for waiver reconsideration is still a few weeks from now. 1st payment is due in a few days. Am I temporarily exempt from paying? Or do I pay, and hope to be reimbursed later?

    2. I received a "Non Compliance" notice that I failed to file form "Summary of your Assets and Liabilities and Certain Statistical
    Information − Federal Rule of Bankruptcy Procedure 1007(b)(1)."

    Luckily, that was the ONLY form I failed to file. Not bad, I guess. Does anyone know where I can find this form online? I am going to check the Fed site now.

    Still not sure if they will grant this, but I am much more hopeful. It is not just "screw you, you are poor!" as I originally thought.

    Thanks guys!

  • david1971
    replied
    Originally posted by justbroke View Post
    You should call your Clerk of the Court. When I was Pro Se, I asked them to send all notifications that were not notice under one of the rules. For example, when I filed an amended Chapter 13 Plan (prior to confirmation), the Clerk sent all the notices (since it would cost me over $60 each time).

    You are going to need to speak with your Clerk.
    You were also right about the "Deadlines/Hearings" not being updated. I was granted the Fee Waiver, and the Deadlines/Hearings still lists all my payment dates for the fees! At that hearing the judge also asked about the document I was missing, if I had submitted it. I had. And he seemed fine with that. "Terminated" seemed so scary when I first read it.

    Leave a comment:


  • justbroke
    replied
    david, you need to IMMEDIATELY file an Emergency Motion to Redact Public Information and, along with that, file a redacted copy with all that information. By immediately, I mean... yesterday. Yes, everything you send to the court is public information and put on the public docket. The clerks in the Clerk's Office just scan things in and are not allowed to redact things for you. I think that the system should automatically redact certain information, but that's a technology issue.

    Please, immediately provide a redacted copy and an Emergency Motion to Redact or Restrict Public Access!

    In many Districts, each Judge has a number of Case Managers that manage the docket and "electronic" file for debtors. They are usually split up by last 2 of SSN or case number. There could be, in busy districts such as mine, 10 Case Managers for a single judge. Just call the Clerk of the Court and ask to speak to a Case Manager. They should send you to the right person. Ask the Case Manager about restricting public access until your motion on redacting is heard.

    Leave a comment:


  • david1971
    replied
    Originally posted by justbroke View Post
    By technically silly I mean that it's required, but your Case Manager should send the notice so you don't need to pay. I did not know this because I filed Pro Se as well. I learned later, by my most awesome case manager, that she would send out all notices of that type through the Bankruptcy Noticing Center (BNC).

    (I was in a Chapter 13, and I had over 60 creditors. To send my plan, which was 15 pages or so, I cost $1.06 at the post office per mailing. )
    It's too late to send out notices. So I am probably screwed now...

    Another thing I noticed is really terrible. When I filed the supporting documents to the Fee Waiver as you suggested (I'm not blaming you for free advice), the paperwork was scanned and posted publicly to the internet via PACER! Now the world has access to my entire life's personal information. Including my full social security number, birth date, and bank account numbers! I thought that stuff would be confidential. Why would they post all that personal information like that?

    Wait. Case manager? What is that?

    Leave a comment:


  • justbroke
    replied
    Originally posted by david1971 View Post

    Just seems like it defeats the point of the fee waiver.

    Why would it cost $60 per mailing?
    By technically silly I mean that it's required, but your Case Manager should send the notice so you don't need to pay. I did not know this because I filed Pro Se as well. I learned later, by my most awesome case manager, that she would send out all notices of that type through the Bankruptcy Noticing Center (BNC).

    (I was in a Chapter 13, and I had over 60 creditors. To send my plan, which was 15 pages or so, I cost $1.06 at the post office per mailing. )
    Last edited by justbroke; 03-23-2018, 03:24 PM.

    Leave a comment:


  • david1971
    replied
    Originally posted by justbroke View Post
    Silly? It's a hyper-technical process and yes it's silly.
    Just seems like it defeats the point of the fee waiver.

    Why would it cost $60 per mailing?

    Leave a comment:


  • justbroke
    replied
    Originally posted by david1971 View Post
    That seems pretty silly that they would make me pay hundreds of dollars to notify people of my possible fee waiver...
    Silly? It's a hyper-technical process and yes it's silly.

    Leave a comment:


  • david1971
    replied
    Originally posted by david1971 View Post

    That seems pretty silly that they would make me pay hundreds of dollars to notify people of my possible fee waiver...
    BTW-Why can't you just notify them by mail?

    Leave a comment:


  • david1971
    replied
    Originally posted by justbroke View Post
    You should call your Clerk of the Court. When I was Pro Se, I asked them to send all notifications that were not notice under one of the rules. For example, when I filed an amended Chapter 13 Plan (prior to confirmation), the Clerk sent all the notices (since it would cost me over $60 each time).

    You are going to need to speak with your Clerk.
    That seems pretty silly that they would make me pay hundreds of dollars to notify people of my possible fee waiver...

    Leave a comment:


  • justbroke
    replied
    You should call your Clerk of the Court. When I was Pro Se, I asked them to send all notifications that were not notice under one of the rules. For example, when I filed an amended Chapter 13 Plan (prior to confirmation), the Clerk sent all the notices (since it would cost me over $60 each time).

    You are going to need to speak with your Clerk.

    Leave a comment:


  • david1971
    commented on 's reply
    Am I supposed to notify ALL of my creditors?

  • david1971
    replied
    Originally posted by justbroke View Post
    Dates and Deadlines are "tickle" dates and I would not use that to manage my case. I still have a tickle date of Awaiting Confirmation and it shows over 3,300 days in that status. . (My case was discharged in 2010.)

    As for not filing papers correctly, you can read my blog post on how the courts must "construe" filings of Pro Se debtors liberally. When you send a letter asking for something, they count that as a motion. A licensed attorney would not have that luxury. The problem with "letters" is that if it's something hypertechnical, the Pro Se debtor will likely loose the motion because they didn't follow a strict guideline. For example, certain motions follow the rules of a contested matter under FRBP 9014 which complicates things procedural-wise; so a letter would likely be highly ineffective.

    Congratulations on the Fee Waiver and the 341 Telephonic hearings.
    Well, I usually put it on a court paper format. It is not complicated. I just thought I could casually ask. Did not know I needed a petition.

    I have a question though, please. I just got my letter granting it, via PACER. Or... the letter stating that they sent the letter by mail (that I did not get yet-good thing I am on PACER!).

    But it says I need to inform the "other parties" that I will be doing the fee waiver reconsideration via phone. Who are the other parties?

    Leave a comment:


  • justbroke
    replied
    Dates and Deadlines are "tickle" dates and I would not use that to manage my case. I still have a tickle date of Awaiting Confirmation and it shows over 3,300 days in that status. . (My case was discharged in 2010.)

    As for not filing papers correctly, you can read my blog post on how the courts must "construe" filings of Pro Se debtors liberally. When you send a letter asking for something, they count that as a motion. A licensed attorney would not have that luxury. The problem with "letters" is that if it's something hypertechnical, the Pro Se debtor will likely loose the motion because they didn't follow a strict guideline. For example, certain motions follow the rules of a contested matter under FRBP 9014 which complicates things procedural-wise; so a letter would likely be highly ineffective.

    Congratulations on the Fee Waiver and the 341 Telephonic hearings.

    Leave a comment:


  • david1971
    replied
    Originally posted by justbroke View Post
    If you're looking at the docket, it says "terminated" because it's akin to a Motion. Motion is not "satisfied" is is "terminated." It's a legal distinction, I suppose.
    It's under the... "Dates and Deadlines" I think it is called?

    Why would it be satisfied aka terminated, when I received my "Notice of Non-Compliance", and before I sent in the missing paperwork?

    Sorry, I am not good at explaining myself.

    On an aside, getting a telephonic for the Motion to Reconsider Fee Waiver was approved and was pretty easy. I actually did not file a petition, just sent a letter to the Clerk. I assumed that was OK. They took it as a Motion, and approved it. Kind of strange. I did not put it on a court format, but a standard letterhead. Nice of them at least.

    Leave a comment:


  • justbroke
    replied
    If you're looking at the docket, it says "terminated" because it's akin to a Motion. Motion is not "satisfied" is is "terminated." It's a legal distinction, I suppose.

    Leave a comment:

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