Pro Se Reaffirmation Protocol

[mymymy]

Good Afternoon..

My husband and I just filed Chapter 7 yesterday, pro se. I have a question (well.. a thousand of them really! One step at at a time, tho..) that I hope someone can answer for me.

In my exhaustive research last week, I recall seeing something about having to send my secured creditors notice soon after I file concerning the secured property... whether I will be reaffirming or surrendering. Is this something that I'm supposed to do? If so, what should be included in a such a notice? Certified mail or hand delivered?????

Help! ( I live in Southern Florida, my home will be exempted and reaffirmed.. the other items are some furniture that I bought from a private seller, to whom I've made no payments ever. It was part of our agreement that I would pay once I found employment)

Thanks in advance.

[Diane143]

pro se reaffirm

I filed pro se and that was the one thing I neglected to do thinking the finance company for our car would find the info on PACER. We had our 341 on the 18th and sent in "not reaffirmation" but the copy of "Statement of Intention". I think that is what secured creditors need ASAP. I am not sure of the reaffirmation proceedure but try to send the "Intention" so at least they know it is forthcoming.

[Diane143]

wait a minute

I think I misread your post. You never actually said whether you were reaffirming. You were talking about the "Statement of Intention" form. It is not legally binding but gives secured creditors notice of what your intentions will most likely be. Yes , send it certified. It is a simple one page form. I put " intend to pay as agreed without official reaffirmation" on the form in place of any options given on the form. So far so good.

[mymymy]

Thanks Diane143..

I think I may have goofed a bit on the statement of intention.. I claimed the house as exempt.. so far so good, but I also checked the reaffirmation box.. so, I got that ball rolling without really needing too.. so, I will take your advice and send my mortgage co the SOI. Talk about another stupid little mistake, too.. ( If I could afford an attorney, I would def. have hired one.... the pro bono atty's are so backed up.. I needed to file immediately because of a pending lawsuit- whew... as a matter of fact- I just received a notice from the creditors attorney that they have voluntarily dismissed the lawsuit after receiving my Suggestion of Bankruptcy.. so that's a good sign- Right?!) Anyway, back to my other mistake... I listed my mortgage co in the secured debtors schedule but, forgot to include them on my creditors matrix- duh! Now, it's going to cost me 26 bucks to ammend. I'm waiting to receive my official 341 meeting notice.. even tho I already have the date via Pacer.. so that I can notify them myself.. is it going to be a problem since they won't have the 20 days notice required, in light of the fact that their interest is exempt and going to be reaffirmed? I don't see any reason that they or their rep would attend the 341.. am I wrong?

Another question that has me wringing my hands.. please answer if you have any knowledge or experience with this. How sticky are the trustees about listing the correct statutes next to exemptions claimed? For instance, after re-reading my conformed copies of the schedules.. I also realized I included a FL statute number next to my house exemption that was unneccessary along with the correct statutes. Will they just dedact those numbers that are incorrect or do I have to ammend??

Is that considered an improper or a "not legally correct" petition? if so, would the clerk notify me? I keep reading about people getting denied because of mistakes on their schedules.. what mistakes are considered grounds for dismissal? All? Barring any fraud or attempts at hiding anything, of course.

Thanks in advance for your help. I'm a nervous wreck.