Need some advice

[myprime]

my accountant made the suggestion I did this without an attorny, couldnt afford one. yes the 20th is the scheduled discharge date, so i need to act fast to get those amendments in.

I have to say that I used the services of www.easybkservices.com, at first i was kind of skeptical of them, but went ahead with them. for $129 they had a very simple user interface where i just keyed in my info, bills and debts and when i was done, they prepared my documents perfect, even the clerk mentioned how good they were. and i used credit.org (springboard) for my pre and post courses. its hard to believe this mess is almost over

thanks

[FreshLikeADaisy]

Thanks for clarifying that, Myprime.

If your 341 took place on June 19, then yes, August 20 would be your expected date of discharge. But your post said "court hearing" on August 20, and for most people that's the 341... I'm at a loss to know what your court hearing is for on the 20th.

Your atty had a great idea, as far as adding these creditors to your matrix *just in case*. Not necessary, but a good idea. If you do this (and you probably should ) you MUST do it prior to discharge. It should not delay your discharge at all. Neither should the amended schedules B & C for the garnished funds, but... do it now!!!

Since you do have an atty, he should be able to advise you on the exact process involved in submitting your amendments, and what the likely timetable involved is. Don't hesitate to ask, because he has a much better knowledge of your particular district's practices and turnaround time than I do.

Good luck!!!

[myprime]

thanks for the quick reply,

my meeting with the trustee already took place on june 19th, so am i correct in the assumption that the aug 20th date they gave me is when i should recieve my discharge?

the creditors i wanted to possible add, I owe them nothing and have no personal liability with. my LLC has soom business obligations and my accountant suggested I add them to my matrics, just in case they try to come after me later. If I add them now, will it delay the discharge? same thing if i add the garnished asset?

myprime

[FreshLikeADaisy]

Thanks Fresh like a Daisy,

been so busy trying to make a few bucks by selling cars I havent checked back here in a few weeks.

I turned in my debtors education completion certificates the other day and they told me i am scheduled for my court hearing (and hopefully discharge) on August 20th. So far this has been going pretty smooth....

Fresh, On filing to for the garnished funds, its about $900 so its probably worth it. can I do this after discharge? i really dont want to do anything to disturb the process. or piss the trustee off can he really just keep the money if no creditor lays claim to it?

Also can I add additional creditors after discharge?

thanks always
Myprime

Hey Myprime, I'm glad things are going well for you!

You really, really, really want to make sure that ALL your creditors are as accurately listed on your matrix PRIOR to discharge -- preferably, prior to filing. While it is often true that in a no-asset Ch7 non-notification of a creditor prior to discharge wil not open you up to lawsuits later, it is not always true. Even though most post-discharge lawsuits in this scenario are negated by the fact that in a no-asset Ch7 there would have been no assets to distribute even if that creditor had been notified, keep in mind that if you are knowingly not notifying a creditor of your bk, you are depriving them of due process and it can become a fraud/perjury issue. If this unlisted creditor were to pull your credit bureau, they would see two things immediately: that you filed Ch7, and that you failed to notify them. Not good; it could end up being a hassle.

So if you know of any creditors that were not notified, submit an amended matrix ASAP. There is a $26 filing fee for amending your matrix, but it's well worth it.

As far as submitting an amendment to get those garnished funds back, there is no filing fee for that, and no, it won't piss off the trustee. It's a routine act that you have every right to do, and he's not going to care beyond ensuring that you actually do have exemption dollars to cover that particular asset. But again, the sooner the better. Do it as soon as possible.

Also, be advised that your 341 hearing is not immediately prior to your discharge, or even on the same day as your discharge. You receive a discharge 60 days AFTER your 341 meeting, so that your creditors have a chance to enter an objection to the discharge of your debt. Another reason to go ahead and amend your matrix now.

Good luck!!!

[myprime]

Thanks Fresh like a Daisy,

been so busy trying to make a few bucks by selling cars I havent checked back here in a few weeks.

I turned in my debtors education completion certificates the other day and they told me i am scheduled for my court hearing (and hopefully discharge) on August 20th. So far this has been going pretty smooth....

Fresh, On filing to for the garnished funds, its about $900 so its probably worth it. can I do this after discharge? i really dont want to do anything to disturb the process. or piss the trustee off can he really just keep the money if no creditor lays claim to it?

Also can I add additional creditors after discharge?

thanks always
Myprime

[uwlaw5856]

Thanks for the help..You guys are awesome!

[Help!]

Hello,

I am planning on listing a bank as a creditor. I need my bank statments to file but the bank won't release them until I pay them.... Can the trustee compel them to release my bank statements?

thanks..

A bank where you have savings/checking type accounts or a CC account? Either way, yes, the trustee can get those (although it's not that easy for them, either, according to our trustee's assistant). There is that requirement of submitting bank statements showing the period of the date you filed, but you have a very good reason for not providing them. If it's a branch, I'd go in personally and request them. If they refuse, I'd ask for the branch manager. If the branch manager refuses, I would take down their name, write down the date and time that your conversation took place and bring those notes to my 341 hearing.

[uwlaw5856]

Bank Debt

Hello,

I am planning on listing a bank as a creditor. I need my bank statments to file but the bank won't release them until I pay them.... Can the trustee compel them to release my bank statements?

thanks..

[FreshLikeADaisy]

Myprime, if you know the dollar amount of the funds that you are owed, enter an amendment to Schedules B & C adding it as an asset and then exempting the same amount (assuming you have exemption dollars left to cover it). There is no cost to doing this sort of amendment (other than time and trouble ) and if you do it, the trustee will have to return the money to you. If it's an amount over $100, to me it's well worth the trouble.

Good luck!!!

[ThreadsSnapping]

1) I have a judgment from chase for a CC (the ones who are trying to garnish my account) I want to discharge the debt and then apply to vacate the judgement with the court. Would I list the circuit court in my matrix as well as the creditor and attornt?

Yes, you shoud list the court in your matrix. I had an unpaid judgement and listed the original creditor, the lawyers office handling the matter and the court. My lawyer said the notice to the court is for notification only in case they tried to do anything funny.

TS

[myprime]

Hello all,

First I would like to again thank this forum and all involved, this was a great source of information I utilized to help get me thru this prcocess, second I just wanted to post a quick update and also a question.

Filed at the end of may and had my creditors meeting scheduled less then 4 weeks later. the trustee wanted me to bring in all my business records, which I was worried about because my accountant wont give them to me because I owe him money. at the meeting he asked me for them and I told them I didnt have them because of the situation with my accountant. he looked over what I did provide, which was 6 months of business bank statements that was with a negative balance and in collections. after seeing that he then lost interest in the business. asked me if everything else was unchanged and basically sent us on our way. whole thing lasted less then 3 minutes. about to weeks later we recieved the letter stating that we are in compliance and there was no objection to discharging the case.

My one question is involving the garnished account. the credit card company released the writ of garnishment and the attorny for the bank told me they had to send the money to the trustee. because the creditors meeting went so fast I forgot to ask about the funds. I have never been contacted that the trustee has recieved the funds, and thier is nothing in pacer stating such. I tried calling the trustees office and left a message about the funds a few weeks ago, but have not recieved a reply. I did list the garnishment if my statement of affairs. Anybody have any ideas on how i can persue the funds? no creditor has made any claims against me except 2 that wnted a relief of stay on an automobile that im giving back and my home which is in foreclosure.

thanks
Myprime

[FreshLikeADaisy]

Wow, Cindy... that would be a new one on me! But you're right, if there's any doubt at all he should include the court in his schedules/matrix. Actually, since Myprime is pro se, this would probably be worth a call to that clerk of court to find out for sure. I'd love to know what they say!

Glad you caught that, Cindy -- if I'm mistaken and the court really should be notified, I would not have wanted to be the one that talked him out of it!!! Thanks!

[CindyLou]

I have heard on this board that the court should be included on the Bk. I don't see how it could hurt....it would be better to list it and not need to then to need to and not list it.

[FreshLikeADaisy]

1) Myprime, no, just list the original creditor and any third-party collectors, attorneys, etc. The court is not a creditor so it doesn't really need to be notified of your bk, as far as I have ever heard.

2) Yes, you can; after a foreclosure a deficiency judgement becomes unsecured debt just like any other. Be sure that you include the lender and any third-parties (again) on your schedules and matrix.

There are a few things the books don't get into; I too had to do some DEEP digging on some questions that were just unanswered by most sources. If it's not *most* of your questions, you should still be good to go pro se. Don't worry about the self-employment thing quite so much; just be prepared to back up the numbers you provided for income and how you arrived at them. You would NOT, by far, be the first self-employed person (with variable income!) your trustee has ever seen.

Good luck!!!

[myprime]

I wish I could afford a lawyer! if it wasnt for my parents, my power, water and internet would be turned off and my car insurance would of been cancelled... I did spend alllot of time researching this, started 3 weeks ago when I got the garnishment on my bank account. I read nolos book and others in barnes and noble, however they did not tell me much when it came to being self employed, all they says is you should consult a lawyer..

I was not able to file last monday, I hope to but the final touches on my paperwork today and file tomorow when my wife gets paid. I do have a few last things im trying to figure out and would appreaciate any advice

1) I have a judgment from chase for a CC (the ones who are trying to garnish my account) I want to discharge the debt and then apply to vacate the judgement with the court. Would I list the circuit court in my matrix as well as the creditor and attornt?

2) I have foreclosure final judgements on a first and second on a second home I owned (it was taken back by the first) Can you vacate a foreclosure judgement the same as a Credit Card judgment?

thanks