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Please Help! Filing TODAY!

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    Please Help! Filing TODAY!

    To all who have contributed to the information on this forum thank-you!!! It has been very helpful!

    I have 2 immediate questions before I file my emergency petition today that I hope someone can offer help with:

    1. My student loan consolidation paperwork has not gone through even though i put the request in with my lender before the July 1,2005 deadline. I havent called them to ask what a chapter 7 will do to the consolidation process, but if they say that it will screw it up, I'm wondering if I can get away with leaving it off? Basically I'd have to do the following:

    1. Leave it off my petition and file today.
    2. Call the lender and tell them to get off their @ss and put it thorugh!
    3. Once it goes through, file the ammended paperwork. (Hopefully this would happen before the 341 meeting).

    The above scenario sounds like it would put me in jeopardy as my lender could prove that I knowingly left them off my petition. Grrrrrr!!! I just dont know if the lender or the trustee would care either way since these are government secured and not dischargable and the lender has guarenteed that I would receive the pre-July consolidation rate? Does the lender or the government lose out on more money if I consolidate at the lower interest rate?

    My only other option is to call them up and tell them to put it through TODAY. (I have the direct number to the CEO's admin as this lender has already tried to screw me once).

    Second question: do I have to list the phone company if I owe an amount that is *not* pastdue? In other words the bill is due by the 19th and is a little over $50. I paid the past due amount Last week.

    Thank-you in advance to anyone who can help!

    ~Karen

    p.s.- I'm filing pro se with the Nolo book.

    #2
    My understanding is that you don't have to include utilities and similar if you're current-they're not credit. They actually bill you for the month coming up.

    Regarding filing an emergency petition, if you're just trying to beat the deadline, not trying to stop garnishment, repossession, etc. then you don't have to file any schedules/creditor info w/ it. Call your clerk though and find out what IS required. (May need to include the SS# declaration form.)
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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      #3
      Thank you for the reply Staci!

      I do have to list my creditors, otherwise I will be dealing with a judgement being entered from my eviction settlement. So i need the immediate automatic stay.

      ~Karen

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