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    letter from us trustee any had this?

    PLEASE Pro se filers or anyone tell me if you have got a letter like this .. its title "declaration under penalty of perjury for debtor without an attorney" its a form to complete and it says please complete and return no later than NOV 30 sign the bankruptcy analyst has anyone ever heard of this I am freaking out ... why because this signature is in ink and that means it was typed for me... ohhh us trustee already?????????? its asking me over over over in many words have I had anyone prepare my petions. this is crazy could it be my doc are so professional????

    havent had my 341 meeting yet how the hell can us trustee be writing me
    Last edited by aachudneymiles; 11-20-2007, 08:59 PM.
    *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
    *Last day to Objection 02/19/2008 :yahoo: [x]
    *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
    TransUnion 538 Experian 519 Equifax 531

    #2
    ok started to fill out this dumb 2 page form and its just assuming I had a lawyer or someone doing my paperwork for me,out of the 20 question i can only answer 2 for example ... question 13 The Person who assisted me did or did not select the exemption for propetry I claimed exepmt on schedule C ? like ok first off what person?????!! I just told you in question 1 /2 there is no said person ..
    *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
    *Last day to Objection 02/19/2008 :yahoo: [x]
    *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
    TransUnion 538 Experian 519 Equifax 531

    Comment


      #3
      Honestly this is the first I've ever heard of this particular questionaire, Aachudney.

      Just a guess here on Question 13,............ If you had a BK Preparer complete your forms, that's all they are supposed to do. Fill out the forms for you. They are not supposed to offer any advise on how to do anything. Even apply Exemptions. The only people who can give legal advice are attnys. So that may be what the Trustee's Office is looking for there.

      I'd suggest when you do get around to sending the Form back,......... Send it Return Receipt Requested via USPS mail. You want to be able to prove that you did indeed mail it and they did indeed receive it.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Originally posted by SinkingFast View Post
        I'd suggest when you do get around to sending the Form back,......... Send it Return Receipt Requested via USPS mail. You want to be able to prove that you did indeed mail it and they did indeed receive it.
        Also be certain to make xerox copies of what you send to keep for your own records.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          I did have a thought.

          Did this form come with a request that you send in copies of Bank Statements and CC Statements as well?? Like 6 months of each??

          If so, you may be the lucky winner of the "1 in 250 BK Cases Audited" prize.

          Just a thought.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Originally posted by SinkingFast View Post
            I did have a thought.

            Did this form come with a request that you send in copies of Bank Statements and CC Statements as well?? Like 6 months of each??

            If so, you may be the lucky winner of the "1 in 250 BK Cases Audited" prize.

            Just a thought.
            no maam, letter just came like please complete and return by the 30th of nov. This is very scary I mean I put alot of time in thoses papers and some stuff may look professional but it was done by me (you guys know that).. I am just sooo scary US trustee is going to be looking at my case now. Oh and some type of return request is a must.. and a copy.
            *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
            *Last day to Objection 02/19/2008 :yahoo: [x]
            *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
            TransUnion 538 Experian 519 Equifax 531

            Comment


              #7
              so i called this guy to see if how i filled this form was ok .. he said yes... I also asked him in nice way why did i get this form... well he said we send it out to all debtors that are prose mmmm ok i find this hard to believe ...anyways ..he asked for it to be faxed back
              *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
              *Last day to Objection 02/19/2008 :yahoo: [x]
              *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
              TransUnion 538 Experian 519 Equifax 531

              Comment


                #8
                I filed pro se in Michigan and had to fill out the form. It was a required local form that all filers in my district have to file when not represented by an attorney but my form only had 4 questions on it.

                Basically they just want to know if anyone helped you prepare your papers for filing.

                When I went to my 341 meeting yesterday there was another couple that went before us that also filed pro se and the trustee asked them how they prepared their papers and they said someone helped them. The trustee asked for the persons name and address. He said it was illegal for anyone to "help" fill out the forms. You can use software or have a preparer take the information you provide and prepare the forms for you but it is illegoal for anyone but an attorney actually "help" you fill them out.
                Filed Ch 7 pro se - 10/03/07
                341 Meeting - 11/20/07 (No Distribution)
                Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

                Comment


                  #9
                  The purpose of this is that the Trustee wants to know if you personally filled out the paperwork or hired an attorney to fill it out. What is in your paperwork is legal and binding and the Trustee is just covering his bases making sure everything is done correctly. Example, a pro se filer MUST fill out his own paper work.... no one can fill it out for him. Then he signs it. That means he is responsible for what is in the petition. Now if an attorney had filled it out and submitted it - he would be held liable for what he submitted (under the new laws)....

                  Trustee is only cover his A***......
                  Minny

                  "It's amazing the paths that our feet sometimes follow in life".

                  My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                  Comment


                    #10
                    Yep, he wasn't lying to you... It is for all Pro Se filers because they are making sure YOU filled out the papers yourself. They need to know that you filled it out and understood it. That's why it asks if someone prepared it for you and all that. I filed Pro Se as well and I DID have to fill this paper out as well. I filed it as normal w/ the rest of my paperwork. It is one of the usual documents but sometimes you have to research to find out all the required documents. The general list doesn't mean that's all you have to file, there are local forms as well.

                    Don't worry, fill it out and send it back. It's nothing unusual.
                    Relax
                    Last edited by rilbrianne; 11-21-2007, 12:26 PM.
                    Sarah H Owosso, MI
                    WE DID IT!! PRO SE
                    Filed 7/30/07 341 meeting 9/20/07 60 DAY CLUB 11/19/07!!! :yahoo::yahoo:
                    DISCHARGED!!! 11-26-07:yahoo::yahoo::yahoo: CLOSED 12-06-07 :yahoo::yahoo:

                    Comment


                      #11
                      Originally posted by rilbrianne View Post
                      Yep, he wasn't lying to you... It is for all Pro Se filers because they are making sure YOU filled out the papers yourself. They need to know that you filled it out and understood it. That's why it asks if someone prepared it for you and all that. I filed Pro Se as well and I DID have to fill this paper out as well. I filed it as normal w/ the rest of my paperwork. It is one of the usual documents but sometimes you have to research to find out all the required documents. The general list doesn't mean that's all you have to file, there are local forms as well.

                      Don't worry, fill it out and send it back. It's nothing unusual.
                      Relax
                      Thnx guys .. i was freaking out... i feel soooo much better//
                      *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
                      *Last day to Objection 02/19/2008 :yahoo: [x]
                      *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
                      TransUnion 538 Experian 519 Equifax 531

                      Comment


                        #12
                        Our trustee had us fill the same form out when we had our 341. We were the only Pro se filers there. The trustee seemed surprised when we said we did it (well me) without help. I told him I got a book (true) on filing BK and then read all over the Internet. We were missing a couple of things, mainly the DMV report on the truck we had. The bank repo it after we filed but w/o lifting the stay. I had to get the DMV report to show the bank did have a lien. I did include copies of titles to the 2 replacement vehicles we bought though.
                        Filed 9/5/07
                        341 10/4/2007
                        Last Day for Objections 12/3/2007
                        DISCHARGED 12/4/2007

                        Comment


                          #13
                          Originally posted by genseeker View Post
                          Our trustee had us fill the same form out when we had our 341. We were the only Pro se filers there. The trustee seemed surprised when we said we did it (well me) without help. I told him I got a book (true) on filing BK and then read all over the Internet. We were missing a couple of things, mainly the DMV report on the truck we had. The bank repo it after we filed but w/o lifting the stay. I had to get the DMV report to show the bank did have a lien. I did include copies of titles to the 2 replacement vehicles we bought though.

                          yeah everyone seemed surprised ... dang bill collector call and I say I filed bk ... they are like who is your lawyer I say pro se.. they have no clue what that is.. then I say I did it myself .. and its unbelievable.
                          *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
                          *Last day to Objection 02/19/2008 :yahoo: [x]
                          *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
                          TransUnion 538 Experian 519 Equifax 531

                          Comment


                            #14
                            Strange as it sounds, my MIL is glad hubby has me to keep our finances and family going. When we married she hated me because I "took" her son away. But she has come to realize now that hubby & I are a perfect match. We complment each other and our weaknesses are evened out because what one of us lacks, the other can fill. Hubby does all the hard work, repairs and stuff. MIL though all I did was cleaning until hubby told her I filed BK for us. They had filed under old laws and paid an atty about $4K to file them. So hubby told her that not only did I handle the BK filing, I am alos in complete control of all our finances and credit and taxes. I work the problems out and he signs whereever I tell him to.

                            At our 341, I told hubby that if the trustee asked something and he didn't already know the answer to wait for me to answer and then copy me. Hubby really had no idea just how deep in debt we were until I started listing everything.
                            Filed 9/5/07
                            341 10/4/2007
                            Last Day for Objections 12/3/2007
                            DISCHARGED 12/4/2007

                            Comment


                              #15
                              Originally posted by genseeker View Post
                              Strange as it sounds, my MIL is glad hubby has me to keep our finances and family going. When we married she hated me because I "took" her son away. But she has come to realize now that hubby & I are a perfect match. We complment each other and our weaknesses are evened out because what one of us lacks, the other can fill. Hubby does all the hard work, repairs and stuff. MIL though all I did was cleaning until hubby told her I filed BK for us. They had filed under old laws and paid an atty about $4K to file them. So hubby told her that not only did I handle the BK filing, I am alos in complete control of all our finances and credit and taxes. I work the problems out and he signs whereever I tell him to.

                              At our 341, I told hubby that if the trustee asked something and he didn't already know the answer to wait for me to answer and then copy me. Hubby really had no idea just how deep in debt we were until I started listing everything.
                              yep I understand, I complete my hubby aswell- lucky me my MIL has always been very nice to me... and same here when hubby saw the about 100k in debt we are well he said he was soo stupid.. guess he didnt know either..
                              *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
                              *Last day to Objection 02/19/2008 :yahoo: [x]
                              *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
                              TransUnion 538 Experian 519 Equifax 531

                              Comment

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