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I'm filing for BK tomorrow...last second questions.

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    I'm filing for BK tomorrow...last second questions.

    Hello everyone.
    First, let me say that I really appreciate this board. I just found it yesterday and it has been a world of help. I just finished (I believe) my last page of my chapter 7 bankruptcy paperwork and took the day off tomorrow to go and file. I do have some concerns and questions that I have been “googling” and asking people about. I have done some searching but either I can’t find the answers to these questions or the answers have been vague and/or conflicting. Since I just found this website I am going to post my questions here and hope to get responses. Any input would be greatly appreciated. Here I go:

    • I have a judgment and a garnishment that just started on my income. Is there somewhere special within the BK paperwork (schedule E, schedule F?) that I should include the judgment? I already have the original creditor and collection agency listed but I don’t see anywhere to specifically list the judgment or the fact that a garnishment is happening. Should I list the court in the list of creditors on the BK? Or what about the list of creditors that gets the notice?

    • Naturally, I want the garnishment to stop ASAP. I am going to write a letter to the debt management department of my job after I file explaining that I filed. What do I have to include from the BK for them to stop the garnishment? Is it as simple as including the stamped BK papers or is there a specific form I will receive?

    • Assets/exemptions: I read on a separate post on this forum that each asset in your household should be itemized separately (televisions, furniture, appliances). Is this true? I’ve read several books and purchased another that just had generalized terms like “household items” and a value. I did this for both assets and exemptions. If I have to break down my entire household item by item that could take 10+ pages for both assets and exemptions sections. I’m focusing on household items with this question. I know I need to be specific about vehicles and jewelry. If I don’t itemize, will this cause me any problems?

    • Is there anything special we have to bring with us to file? My wife and I will bring our ID’s and SS cards but do we need anything else not listed in the BK paperwork? We have paystubs included. Do we need to bring past taxes? Do we need to make multiple copies of the BK paperwork? Bank statements?

    • How long does it take to file? I know that there might be 100 people ahead of me in line so telling an exact time is impossible. However, if people who have filed could give me an estimate of how long it takes to file once someone starts helping you, I would appreciate it.

    • Any other thoughts? Is there anything I should know about that isn’t listed in the books or in the general FAQ’s on BK websites? Any personal insight could help a great deal.

    I have read a lot of the posts on this board and am really appreciative of the fact that this board even exists. I’d rather not have to file BK without an attorney or at all for that matter but circumstances have given my family no other choice. Once we get this garnishment stopped and our debts discharged, we will be well on our way to a better life. I am nervous to borderline terrified about making a mistake on the paperwork or in filing tomorrow.

    #2
    Hi, welcome.

    The garnishment should stop as soon as they are notified of the BK. If you list the amount they have taken out thus far on Schedule B, and are then able to exempt the amount on Schedule C with a wildcard exemption for example, you can receive this money back from the creditor that garnished you. Also, on the Statement of Financial Affairs there is also a section where you will list the garnishment and the amount they have garnished.

    As for the filing process, I don't have any details for you. I upload all cases directly into the online system at our BK court which is linked with PACER. I have never needed to file by paper. Maybe others on this board have some info for you on that.

    Comment


      #3
      Originally posted by Tbornetun View Post
      Hi, welcome.

      The garnishment should stop as soon as they are notified of the BK. If you list the amount they have taken out thus far on Schedule B, and are then able to exempt the amount on Schedule C with a wildcard exemption for example, you can receive this money back from the creditor that garnished you. Also, on the Statement of Financial Affairs there is also a section where you will list the garnishment and the amount they have garnished.

      As for the filing process, I don't have any details for you. I upload all cases directly into the online system at our BK court which is linked with PACER. I have never needed to file by paper. Maybe others on this board have some info for you on that.
      Thank you for the reply. I can't list it as a wildcard. I live in Colorado and we don't have a wildcard option here. Where do I list the garnishment in the statement of financial affairs? Under #4? It does not give me an option to list how much money they have taken so far. Is there a different place I'm supposed to list this? Any help with the other questions would be greatly appreciated.

      Also, is it possible for a regular guy like me to register and upload a BK to PACER or is this something for BK attorney's only? A link on that would be appreciated. Being able to avoid going down there would be awesome albeit unlikely I know. It looks like it is only available to attorney's who take a class...unfortunate if true.
      Last edited by onetimebk44; 11-09-2008, 06:05 PM.

      Comment


        #4
        Yes, list it under #4, enter under disposition and status. "Currently garnishing. YTD $XXX"

        As for the upload, I don't know what to tell you. We had to register as a law firm with the court.

        For PACER itself, you can register yourself. Others on here should be able to tell you what the process is.

        Comment


          #5
          Originally posted by Tbornetun View Post
          Yes, list it under #4, enter under disposition and status. "Currently garnishing. YTD $XXX"

          As for the upload, I don't know what to tell you. We had to register as a law firm with the court.

          For PACER itself, you can register yourself. Others on here should be able to tell you what the process is.
          THANK YOU. I was a little hasty on the upload question. I wouldn't be able to do that. It's off to downtown Denver for me tomorrow. YUCK! Hopefully I'll get a few more responses on my other questions before I go to ease my mind. Thanks again.

          Comment


            #6
            Can anyone else help me with my other questions? I'm sorry to be a pest but I'm just nervous and not looking forward to going and doing this tomorrow. THANK YOU!

            Comment


              #7
              These are the questions I still need help with:

              • Assets/exemptions: I read on a separate post on this forum that each asset in your household should be itemized separately (televisions, furniture, appliances). Is this true? I’ve read several books and purchased another that just had generalized terms like “household items” and a value. I did this for both assets and exemptions. If I have to break down my entire household item by item that could take 10+ pages for both assets and exemptions sections. I’m focusing on household items with this question. I know I need to be specific about vehicles and jewelry. If I don’t itemize, will this cause me any problems?

              • Is there anything special we have to bring with us to file? My wife and I will bring our ID’s and SS cards but do we need anything else not listed in the BK paperwork? We have paystubs included. Do we need to bring past taxes? Do we need to make multiple copies of the BK paperwork? Bank statements?

              • How long does it take to file? I know that there might be 100 people ahead of me in line so telling an exact time is impossible. However, if people who have filed could give me an estimate of how long it takes to file once someone starts helping you, I would appreciate it.

              • Any other thoughts? Is there anything I should know about that isn’t listed in the books or in the general FAQ’s on BK websites? Any personal insight could help a great deal.

              Comment


                #8
                I dont mean to freak you out here, but do you really think your ready to file tomorrow? This is a biggie and it looks like you still may have some more stuff to do.

                Comment


                  #9
                  Originally posted by ready2puke View Post
                  I dont mean to freak you out here, but do you really think your ready to file tomorrow? This is a biggie and it looks like you still may have some more stuff to do.
                  What do I still have to do? The only questions I have/had is about itemizing personal property. About a 1/2 dozen places I've seen says that it is not necessary. A post within this board says that it is. Other than that, my questions were more about what to expect rather than completing forms. I think I'm more nervous than anything. I was hoping for a couple of posts with some insight on what to expect. I went through threads going back a couple of months and didn't see much in detail. Thanks for the reply though, I appreciate it.

                  Comment

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