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    Finally filed, everything was vague.

    I finally filed yesterday, I have been shocked so far on how little I needed to do.

    Some things I have not been asked to provide,

    - Savings account statement
    - Sarsep Statement
    - Household furnishing and owned good breakdowns
    - Anymore paystubs after last friday

    The lawyer blasted through the filing paperwork, I had some things a little off but she said not to worry about it. Such as monthly medical expenses, I have random bills so I just averaged it out but was asked never to provide proof!

    Anyways this so far has been very easy, almost... too easy. I would get excited over it, but I'm trying not to until its completely done as I am a fairly nervous still.

    Another thing that was weird was my SarSep contribution, I put in 40 a week and it was listed on my original submission. But she had nothing down for an IRA account on the paperwork. Is a Sarsep different then an IRA?

    Oh and then at the end she told me if anything was false I would go to Jail for 5 years.... I would need tons of time to comb over every number and account in order to make sure nothing was out of place. What if they got something wrong, do people usually end up in prison because of something forgotten or mis-typed, or is this just something they have to tell you.

    What happens now? She told me I would get a letter in the mail telling me the court date and what to bring. But I forgot to ask when I would get an actual case number, and how long it usually takes to get this over with?

    Last thing I am suppose to do a "second" part to the credit counsoling, I am kind of confused on what to do but she said if I didn't get it done it could hold up my filing and get it kicked out. But I thought you had to do the follow up deal "after" it was over?

    Sorry if this is a ramble, I am at work and just trying to put something up for piece of mind!

    Thanks as Always!
    Filed 10/20/08
    Discharged 1/27/09

    #2
    You aren't going to jail

    If you looked over the papers and they are real to your knowledge even though they may be a little off, you are OK. It is a snapshot of your financial life the day of filing.

    I would recommend a Pacer account. It would be on there already. GO READ the sticky because it costs. See and SAVE your schedules and you will see your court date.

    I think SarSep is an IRA. Make sure the atty added everything!
    Filed C7 Aug 31 2008
    341 Oct 8 2008
    Discharged Dec 9 2008

    Comment


      #3
      Once all the paper work is filed what happens, does the court have a team of people that research every line? Since my Sarsep wasn't included and things are filed can they change it, I am wondering how they missed it since each paystub had the deduction and I put it on my initial packet.

      Is this something the court will look into on their own?
      Filed 10/20/08
      Discharged 1/27/09

      Comment


        #4
        Ok I faxed over the statement, since its been signed and filed as of yesterday whats going to happen? I told them to call me back about it but I'm nervous as can be now. I am hoping the early distribution doesn't kick me out of chapter 7 as obviously now thats its drained it wont be there for future chapter 13 payments.
        Filed 10/20/08
        Discharged 1/27/09

        Comment


          #5
          Baby???

          Originally posted by Mark80 View Post
          I finally filed yesterday, I have been shocked so far on how little I needed to do.

          Some things I have not been asked to provide,

          - Savings account statement
          - Sarsep Statement
          - Household furnishing and owned good breakdowns
          - Anymore paystubs after last friday

          The lawyer blasted through the filing paperwork, I had some things a little off but she said not to worry about it. Such as monthly medical expenses, I have random bills so I just averaged it out but was asked never to provide proof!

          Anyways this so far has been very easy, almost... too easy. I would get excited over it, but I'm trying not to until its completely done as I am a fairly nervous still.

          Another thing that was weird was my SarSep contribution, I put in 40 a week and it was listed on my original submission. But she had nothing down for an IRA account on the paperwork. Is a Sarsep different then an IRA?

          Oh and then at the end she told me if anything was false I would go to Jail for 5 years.... I would need tons of time to comb over every number and account in order to make sure nothing was out of place. What if they got something wrong, do people usually end up in prison because of something forgotten or mis-typed, or is this just something they have to tell you.

          What happens now? She told me I would get a letter in the mail telling me the court date and what to bring. But I forgot to ask when I would get an actual case number, and how long it usually takes to get this over with?

          Last thing I am suppose to do a "second" part to the credit counsoling, I am kind of confused on what to do but she said if I didn't get it done it could hold up my filing and get it kicked out. But I thought you had to do the follow up deal "after" it was over?

          Sorry if this is a ramble, I am at work and just trying to put something up for piece of mind!

          Thanks as Always!
          THERE you are! First things first: We've been wondering about you...baby news, please??!!

          Okay; now I'm going to actually read your post.

          I totally get all the post-filing second-guessing, but I don't think you're in any trouble here.

          SarSEP is exempt just as a 401 is, right? So the amount in your account is fairly irrelevant. And your pay stubs show any current contributions, so that's documented, too. I wouldn't worry about that.

          I can't imagine why you wouldn't have been required to produce a savings account statement, and I'd ask about that.

          If your attorney tells you not to worry about something specific, I'd say that your attorney knows the quirks of the menu of possible trustees. That turned out to be the case with my filing. There was a huge discussion going on here right about the time I filed about how to value your household belongings. But nobody even asked me to take a stab at that. It turned out not to matter - my attorney knew the trustee couldn't be bothered, given my pathetic income.

          That said, you ARE responsible for everything on that paperwork. YOU, not your attorney. At your 341, the trustee will ask questions of YOU. So however long it takes, I would encourage you to sit down with that paperwork and go over it with a fine-toothed comb in one hand and a pile of post-its in the other. I did this in my attorney's office before I signed anything, but it's not too late to amend the filing right up to your 341. Take the time, and then take the whole mess back to the attorney and get any substantive changes taken care of. Nobody's going to throw you in jail over a $15 discrepancy, but you do need to understand and be ready to be responsible for everything there.

          What I did, just to calm myself down, was to keep a well-organized file of everything I was required to provide before filing, AND everything I was surprised not to have been asked for, right up until my discharge came through. It really helped to know that whatever they might ask for, I was ready. Every receipt, every bank statement...every stinking PayPal transaction. I had it!

          Your case number will be on the 341 notification you receive, but I'm sure you could get it from your attorney's office before then.

          The second counseling must be completed before discharge, and yes, it could hold up or even jeopardize your discharge, so I'd get it out of the way asap.

          You're doing fine, Mark (dad??)...and you're NOT going to jail!
          Filed chapter 7: June 9, 2008
          341 meeting: July 18, 2008
          last day for objections: September 16, 2008
          DISCHARGED September 18, 2008 - CLOSED September 29, 2008

          Comment


            #6
            Hey Woodsprite!

            We are doing well, not getting much sleep but the baby is healthy and thats all you can ask for.

            Thanks for putting my mind at ease, but I do have one issue in particular I am worried about.

            Since I have been bleeding my SarSep over the past 12 months using the cash to try and stay afloat, buying stuff for the baby and so on. What will that early distribution amount do to my filing? Obviously it raises my income, however its also obvious that there is no way I could get any more money out of it, or keep up with the process over a 60 month period. Do they take this into consideration, I think my means test ended up with me having -50.00monthly disposable, but if I broke down say 2500 over 6 months it raises that up into the 300 positive range.

            Its all gone now though, my balance is around 400, and I can't even take that out since its so low. My biggest anxiety is if that will knock me out of a 7into a 13 that I could never complete.

            Thanks for all the help, and for asking how we are all doing!
            Filed 10/20/08
            Discharged 1/27/09

            Comment

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