Re: mailing paperwork in CA

[Gail L.]

Hi guys,

I am new to the forum. I just discovered it after I did a ton of research. What a great site! I recently bought the Nolo book on the recommendations of several of the people on this forum. Thanks!

I am getting ready to file pro se in the Central District of California

[FreshLikeADaisy]

Hi Gail!

I filed pro se as well, but in Florida, and just recently received my discharge. I think I can help you out with some of this.

First, when you call the court (actually, the bankruptcy clerk) double check on the sending two copies thing. I filed mine in person, and when I pointed out to them that what they were saying differed somewhat from the web published procedures, they were very surprised because they had no idea it was so out of date. So definitely doublecheck that on the phone.

Another thing I did was look at recently (atty) filed individual Ch7 filings to see how they were ordered and what was submitted; that was a great help to me because I looked over several and they were all in the same order. I even found a form I had no idea was required! I'd never seen it on the website, the district court rules, nowhere. But my example cases all had it, so I ginned one up for my own use. I also made sure I looked at the creditor matrix filed with each, to make sure I had it formatted correctly.

I got the case #s off of the local paper that publishes bk notices, and picked a few that had attorney filings, so I didn't rack up a huge PACER bill. Also, I paid special attention to any filing that received a Notice of Deficiency ("hey, you filed this wrong, redo it!") because I wanted to avoid the same traps if I could.

Well, when I went down to actually submit my filing, as the clerk rifled through it, she cocked her lil eyebrow up and with something of a surprised tone, she said, "Well done. WELL done." Man, that was like gold to me! If a clerk likes it, you've gotten a great start!

It may take a few days for your case to show up in PACER, but once it does the trustee has full access to anything you filed, so don't worry about a second copy for him.

As for your initial filing with the court, make sure you include your pre-filing credit counseling certificate (and associated form). Don't send your tax returns, paystubs, or any other supporting docs; you'll send those to the trustee. Your initial filing should be forms only, unless the clerk tells you otherwise.

When you file, the 341 date and trustee is assigned immediately, and because you're pro se, expect to receive a letter from him within a week or so asking for a list of documents he'd like to see. (You already know this, but just in case... NEVER send originals; photocopies only!) If you don't hear from your trustee within a couple weeks of filing, call his office and ask for a written list of what docs he'd like you to have ready for the 341. (If you bring them or send them in advance, you're golden; if you don't, expect a continuance.)

Yes, the court takes care of notifying your creditors according to the creditor matrix that you file. It's very important that your matrix be as correct as humanly possible and that it match your schedules; the Nolo book will tell you more about this and how to handle it. I also did a post a while back (http://www.bkforum.com/showthread.php?t=20890) about how to match it to your schedules so that it makes sense to the court (another trick I picked up from the attorney filings).

A Proof of Service form is used when you mail something to someone in your bk case; for instance, when I sent the huge stack of paperwork that the trustee wanted, I did a Proof of Service form and filed it in my case. Basically, it's where you give a friend a prepaid envelope, a stack of papers to put in it, and this form. They look over the papers, stick them in the envelope, put the envelope in the U.S. Mail, and sign the form that says what they sent, to whom and at what address, and from what location. Then you take that form down to the courthouse (or send it in) and file it with your case as proof you sent what you sent.

I didn't have to use it; I did because I didn't want anyone to say they never got it, and because this was another thing I saw in the atty filed cases: when they sent something to the trustees, they also did a Proof of Service by Mail to go with it. I don't know if it's a local practice to this area or what, but I saw it consistently and decided to do the same.

I'm sorry I can't answer your California exemption question; as you know there's a System 1 and a System 2, and you can't pick and choose between, but what the specific provisions of either are I have no idea. But someone here will.

Let us know how it goes! There are many pro se filers here and you'll get a lot of help out of us. Personally, I felt very empowered having done it pro se, and while there are certainly situations where a lawyer is indispensible, mine was straightforward and pretty much hassle-free. I would do it again in a heartbeat. Good luck to you!!!

[Gail L.]

Thanks!

Wow, thank you so much for the great info and support. I really appreciate it and will definitely try your suggestions.

[Gail L.]

Hi again,

How did you check on attorneys' filings on Pacer? I just registered but afraid to go to wrong sites and get charged for looking. Can you tell me where to look so I can check the forms, etc. for other chapter 7 filings like you suggested? Great idea, by the way!

Thanks,

Gail

[FreshLikeADaisy]

Gail, before you hit PACER and start searching on attys (which can rack up your charges in no time!) what you want to do is see what local paper publishes bankruptcy notices in your town. All bankruptcies are published; it's a matter of finding out what paper they're hidden in. I live in a big city, so bk's are not in the main paper; they're in a local financial publication. Yours may be in the main city newspaper, I don't know. But either way, google something like "bankruptcy publish legal notice mytown ca" (without the quotes) and see if you can track it down. The bankruptcy clerk may also be able to tell you.

Once you find it, track it for a few days (often you can do this online, which is great!) because all you will need for this is four or five case numbers and names. Once you have a handful of them, THEN go back to PACER and start looking them up. Avoid the pro se filings because it's the blind leading the blind, in a way. Also avoid business filings; they may be significantly different than what you need to see. No need to complicate things. When you actually see the published bankruptcy notices, you'll understand exactly what I'm talking about.

Also, PACER is free at my local courthouse; it may be at yours as well. There are also several schools that offer free PACER access. Looks like you're gonna be keeping Google busy for a while...