Announcement

Collapse
No announcement yet.

Dumb question re: Form 108

Collapse

Unconfigured Ad Widget

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

    Dumb question re: Form 108

    Well, so far, so good; I'll probably check my math a few more times before I print and sign everything to send out on Friday. Thing is, the court's confusing me in regard to Form 108. I was thinking I had to file it and send a copy to all the creditors I listed (landlord, internet, cell phone, utilities), but according to my courthouse's filing requirements, I only have to file F108 if I have secured creditors listed on Schedule D (which I don't). I get that every courthouse has its own rules and customs and all that, but should I bother mailing 108 to anyone if I don't have to file it with the court (especially since they'll probably find out anyway)?

    Here's a link to the requirements: https://www.ilcb.uscourts.gov/sites/...quirements.pdf

    #2
    Notwithstanding any local rules regarding Form 108 (Statement of Intentions/SOI), I believe that this is served separately only on those entities that are secured creditors or for which you are leasing "personal" property. In most Pro Se cases, the clerk's office will serve the notice of bankruptcy and other forms on behalf of the debtor. This means that a secured creditor is one that's on Schedule D (Secured Property). It could also mean for leased "personal" property, such as a car, would also be on this form.

    The SOI is usually used for secured creditor and some executory contracts and leases.I have never put utility companies, cell phone companies, or similar things on the SOI.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Good to know. I'll print the form, sit on it, and have it handy in case I need it.

      I hope I'm not breaking any forum rules here, but I'd like to switch gears and talk about Sched. 107. Should I include my federal and state tax returns in Part 5, even though the money has long since been spent?

      Comment


        #4
        I don't know what you mean. On the Statement of Financial Affairs (SOFA), there is nothing regarding tax refunds.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          Originally posted by justbroke View Post
          I don't know what you mean. On the Statement of Financial Affairs (SOFA), there is nothing regarding tax refunds.
          I know, but it says to include all income regardless of whether it's taxable. I thought I should play it safe.

          Comment


            #6
            Originally posted by M42 View Post

            I know, but it says to include all income regardless of whether it's taxable. I thought I should play it safe.
            You don't want to double count income. Tax refunds are not really new income. Tax refunds are a return of overpayments. Maybe someone else has a more detailed answer, but I don't see where a tax refund (overpayment) is additional income.

            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


              #7
              Originally posted by justbroke View Post
              You don't want to double count income. Tax refunds are not really new income. Tax refunds are a return of overpayments. Maybe someone else has a more detailed answer, but I don't see where a tax refund (overpayment) is additional income.
              Makes sense. I went ahead and erased all that from the form. Thanks!

              Comment

              Unconfigured Ad Widget

              Collapse
              Working...
              X