341 got continued! Questions about Amending

[pendarus]

Hello All!


Had my 341 on 10-7-05. The US Trustee had a few questions about my petition. I was listing payments to the IRS but had not listed them as a creditor. I wasn't sure I had too because the taxes are for 2003-2004 and are non dischargeable if I understand it correctly. The trustee asked me to file an amended petition listing the IRS as a creditor. How do I "serve" the IRS with the amended petition?

Also listing a "Lunch room fee" that is taken out of my paycheck by my work. Now the US trutee wants my last 4 paystubs. I assume to prove I am paying the "Luchroom Fee". Can he object to it?

I am rechecking my entire pettion now (I am Pro-Se) and found my transportation expenses are wrong (too low with gas at 3.00 a gallon). If I change this will it raise a red-flag with the trustee?


I did not list my 401k account as an asset, should I list it? I know they cant touch it, but I have seen differing opinions on this board if it should be listed on my petition. Anybody know for sure?

Thanks!

[StaciMM]

All creditors should be listed, including the IRS, I believe they would be listed as an unsecured priority creditor. To find out what is needed for adding a creditor, call and ask the clerk at your BK court. They can't give legal advice, but are a great resource for procedural information and they'll know what your district requires. (May not be the same as mine, for example.)

[pendarus]

Anybody have any info on listing the 401k as an asset?

How about changing my expenses will that get the trustee suspicious?