Announcement

Collapse

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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com 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:
BKFORUM.com (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 BKForum.com 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 BKforum.com.

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 BKForum.com 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

Good News!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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, 02:24 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:

Unconfigured Ad Widget

Collapse
Working...
X