Should I file my amendments before or after 341?

[SevenFilerCA]

I filed no asset pro se on Jan 8 and have my 341 on Feb 2.

Little by little, as I have learned more, I have realized small mistakes on my paperwork. Over the past week, I have been assembling my amendment paperwork for the following:

Schedule B
- adding addresses to bank accounts
- adding an internet savings account I forgot
- adding my cell phone and cat to my properties
- adding estimated tax refund for 2008

Schedule C
- exempting all B additions

Schedule F
- adding 2 outstanding medical bills I forgot about because they are only owing because they are pending corrections to payments by health insurance company
- adding the address of a collection agency who was added to one of my credit cards after Jan 8 - just in case
- corrected a few amounts that were from one statement too early

Schedule I
- minor correction to the way my monthly income was calculated (showing slightly more income)
- adding my possible tax refund to my monthly income
- DARN - I just remembered last year's tax stimulus! Do I have to include that, too?

Schedule J
- correcting income to match amended Schedule I
- adding my erroneously left out union dues to expenses

Statement of Financial Affairs
- corrected a typo in the dates of a former business
- added an accidentally omitted account closed in the past year
- added tax refunds to income amounts

Even though this seems like a long list, there is no major change in any of the amounts (less than $100) except for those involving the previously omitted tax refunds.

My question is this: I am kind of busting my butt to get this in before the 341 meeting next week, but I'm not sure whether this will annoy the trustee because it's coming to him so last-minute and he won't have time to review (I'm planning to include to him a summary of the changes with amounts so he can eyeball it all quickly.) Is it better to get it in before the 341 no matter what so I don't look like I'm hiding anything? Or is it better to go through with the 341 meeting, saying at the meeting that I am working on amendments, explaining what they are, and getting them in after the 341. Will they have to hold another 341 if I'm now including these two additional medical creditors?

Thank you so much, everybody, for your help.

P.S. Thanks also for your patience in reading this long post!

[JRScott]

Before

Otherwise your 341 might be continued with so many changes needed.

[StartingOver08]

Yes, definately before. The main questions asked at the 341 besides identity questions are questions relating to the accuracy of the petition!

[deadbroke99]

I thought Income tax returns wasn't added income because it was already included in your gross income?

[SevenFilerCA]

I thought Income tax returns wasn't added income because it was already included in your gross income?

Yeah, you would think, right? It's a bummer.

[lrprn]

Whether your tax refund counts as income or not when you file depends on your state and local court interpretations of the 2005 bk law. Most courts do not count a refund as income because it's money you've already earned - it's like counting the same income twice. Other courts will count it, but only at the % earned during the six months prior to filing. A few courts count the whole thing. Unfortunately this is one of those areas that isn't consistent from court to court. And it's also unfortunate that it's mostly those that file in the first six months of the year who get caught up in this inconsistency.

This is a situation where you need experienced legal counsel who is familiar with what the "is the tax refund counted as income?" custom is in your local court to know what to expect when you file.

[hgpotter]

I'm so glad you posted this because it has reminded me that I never disclosed to my attorney an ingdirect account that has 87 cents in it.

Also, I have several web domains in my name, I figured it out to be a $36/mo hobby (though paid yearly). I'm a bit nervous about these but included them in my email to him because I completely forgot about it when I last spoke to him. Two of them were recently purchased, too, (but not with a CC) using my debit card.

AC

[danaf]

Definitely before your 341! But be prepared that the trustee might ask the question of why you filed amendments. No big deal. Just tell him/her the truth, that you filed pro-se and since, you learned more that made you realize some discripancies that needed to be corrected. End of story - you are just trying to doing the right thing. I filed pro-se and filed amendments....not a big deal at all.

And last yrs tax stimulus isn't taxable or considered income so unless anyone refutes me - it should not be added to the means test or anything else.

[SevenFilerCA]

Re: the ING accounts - that's exactly what happened to me - tiny balance sitting there for years forgotten! Also closing one tiny ING account and merging it into the first tiny account! All forgotten!

Re: taxes - my income is so low, it doesn't hurt me to include the taxes as income anywhere, be it means test, current income, 6-months income - I'm disabled, so funds are low all round. I'm following the NOLO book, which suggests that I put it everywhere, and also on the possibly outdated Trustee's annotated petition form which I have been using as a rough guideline to make sure I didn't forget anything. Would I be dinged if I include it and I'm not supposed to?