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OK, I think I can do this... I can stop having a breakdown

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    OK, I think I can do this... I can stop having a breakdown

    Thank you to everyone who has answered my questions.

    Some of you know my concerns, or have gathered what they are from my questions/posts.

    I filed pro se on Oct 12, hurriedly and ignorantly, which is not like me AT ALL -the ignorance part - but I have a very unhealthy relationship with money and I was just beside myself and was not thinking straight just prior to filing.

    I used an online service - debtoraid - to fill in the blanks on the form. Ignorant me expected a bit more guidance with the schedules but of course I had none. I was confused, but filled them in the best I could. After I had filed, I actually went through it all and realized that I had underestimated everything - my income (have no idea how I even arrived at that figure - too low!), my expenses (way too low, forgot lots of things), and overestimated the value of my property (did not know it was garage sale value and did not break it down). I omitted the checking account balance, not on purpose, just didn't know. I was even confused about how they would know what money I had - I kep emailing them - "are they going to want to see my bank statements?" Never did they tell me to make sure you list your bank account balance in the assets (again, I'm pretty smart but was VERY dumb at that moment because I should have known that is an asset). So, all of that was inaccurate, as well as one creditor I need to add (student loan) and one I need to move to "secured" instead of "unsecured" (furniture). I also need to list the contents of my small storage unit and location (apt has little closet space or space in general for that matter), and my addresses for the past 2 years.

    When I called the court, they said I can amend by hand. I have figured everything out in a spreadsheet, thanks to this forum, so now I have accurate numbers to plug in. Doing that alone has made me calm down tremendously.

    I was going to enlist the help of an attorney, but I think I can do this on my own now. I am still going to try and find someone (friend of a friend?) to look at it all before I submit the amendments, but if not, I am 99% sure I will have fixed all of the problems and have done everything accurately and will then sign my original signature to THAT.

    As some of you know, my concern was that I had $3366 in my checking on the day of filing. The ONLY reason for that is that I was a late filer, and had procrastinated on depositing the check until 2 weeks before I filed. Then in my fog I forgot (I had at one time heard or read this in the past) that you are supposed to have very little in your account at time of filing. Either way, the court probably would have hit me up for the refund anyway, being a late filer. The check was for $3216.05 (refund was $3369 less amscot tax service fee).

    I am a commission-only sales rep, and had a bad September, and a bad start to October, so if it weren't for the refund check as you can see I would have had very little money in my account by Mid-October (like $150 or so).

    After revaluing my property per garage sale values, I should be able to exempt about $600 of my checking balance (FL only allows $1000 personal property!

    I would have filed my taxes early in the year, but I had some severe personal/health issues and that just got put off until July.

    Miraculously, as of this past week, things seem that they are turning around for me at work. I will have a very good check next Friday, and I am forcasting another good check the following week. I have irons in the fire, so I am hopeful for the following 2 weeks up until my November 18 341 meeting.

    I figured out that after I pay my basic living expenses, with some added for gas and food, that I will only need to raise another $888 or so to have the money I would need to pay the court IN HAND. That amounts to about $222/wk from now until Nov 18. I CAN DO THIS!!!!!

    It's not a nice prospect for someone with what I call severe "money anxiety" problems, to lose or hand over this money, but as I have read people say on here.... look at it this way: it's better than having all that debt hanging over your head (and additionally in my case, I was served a summons THE NEXT DAY after filing from a Discover Card collector law firm - WAGE GARNISHMENT).

    I feel that although my original petition was so messed up (ie inaccurate), the Trustee should see my honesty and my initial honest mistakes as a pro se filer. Especially since I will be ready to pay what is due. Am I right? Also, I did not know you could file an "emergency petition" which I would have done so that I could have more time to get things right.

    I feel so much lighter right now..... I CAN DO THIS! I WILL LIVE AND SURVIVE THIS... AND I CAN DO IT ON MY OWN, NO HELP FROM FAMILY ETC. I CAN DO IT!!!!

    (Sorry this is a BIG DEAL for me if anyone can understand!)

    And best yet, I can start over and put the past behind me. It had sickened me because I always had EXCELLENT credit and never owed more than $2000 on ALL credit cards at any one time (as of just a couple years ago), but things happen and life happens, and we live and learn. Hopefully I can heal my relationship with money.

    I hope that maybe this post will help someone out there in some way. Thanks for all the support and answers given here.

    FLGirl
    Last edited by FLGirl; 10-21-2005, 08:04 PM.

    #2
    That chill pill is kicking in at last. I am so happy for you. especially the work thing. See my pm.
    I'll be watching, you may never know when or how, but I'll be there. I am there now....

    Comment


      #3
      I"m glad you're getting your schedules corrected-things will go better for you & you'll have less stress.

      One bit of advice I've seen alot-and it makes sense-is don't offer anything if not asked for it. So correct your schedules, and hope for the best. If the trustee DOES ask for $$ you'll probably be able to make payment arrangements. (I've seen where people have done that to pay extra vehicle equity.)
      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.

      Comment


        #4
        Originally posted by StaciMM
        I"m glad you're getting your schedules corrected-things will go better for you & you'll have less stress.

        One bit of advice I've seen alot-and it makes sense-is don't offer anything if not asked for it. So correct your schedules, and hope for the best. If the trustee DOES ask for $$ you'll probably be able to make payment arrangements. (I've seen where people have done that to pay extra vehicle equity.)


        Don't listen to Stacimm, shehas no ideal what she is talking about and her advice will get you in jail. When you go to the 341 meeting and the trustee asks you if everything is true and accurate andyou say YES but you know the schedules are not accurate then you are being recorded, are under oath, and are subject to perjury. If things change from the time of filing to the 341 meeting and the schedules are no longer accurate you must tell the trustee. If you were incorrect about something when filing and later figure out the incorrection then at the meeting youmust inform the trustee. Because when the trustee at the 341 meeting if everything is accurate you wouldbe lying. Dont break the law, tell the truth, an omission is a lie.

        Comment


          #5
          I think maybe you misunderstood her. I am going to file the necessary amendments to my petition prior to the 341, and it will be as accurate as I can be.

          Comment


            #6
            Originally posted by FLGirl
            I think maybe you misunderstood her. I am going to file the necessary amendments to my petition prior to the 341, and it will be as accurate as I can be.
            Yeah if you are making amendments you will befine, I didnt agree with her advise of "if the trustee doesn't ask, then don't tell"

            Comment


              #7
              I totally agree about telling the trustee the whole unvarnished truth. I think that is what saved our BK. We were totally candid with our trustee at our 2004 despite a strong urge to conveniently forget a few things that might have raised a red flag but we didnt and our BK was discharged in August. I also think the trustee's mindset is like the IRS - ignorance is no excuse. If they find something that you didnt tell them it might jeopardize your whole case - isnt worth it. Be upfront and hope for the best.

              Comment


                #8
                Originally posted by Debtsarenogood
                Yeah if you are making amendments you will befine, I didnt agree with her advise of "if the trustee doesn't ask, then don't tell"
                I did not say 'don't tell'. Read my comment again, please.

                Originally posted by StaciMM
                don't offer anything if not asked for it.
                This is standard advice, and its not telling anyone to be dishonest or anything less than truthful. In this situation, if the OP is busting her back to have the funds available for the 341 meeting, he/she may be relieved to know it is likely not necessary-payment arrangements on non-exempt assets are standard.
                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.

                Comment


                  #9
                  Thanks Staci... I've been trying to find that out! So I don't have to kill myself to have the entire amount available on the 341 date then? I may have it, or I may have a good portion of it, but that is good to know. You are SURE then? Does the court freeze your account or is that only if you have a bank loan with the same bank? (which I don't have)

                  Comment


                    #10
                    I have heard of many cases of people w/ non-exempt values (such as having cars over the limit or extra equity in a home) making payment arrangements. I've NEVER heard of anyone's BK case being dismissed over inability to pay all at once.

                    The trustee wants $$. I understand he/she gets to keep a % of it so it would be in his/her best interest to take it over 6-12 months rather than have an 'all or none' approach and wind up with none.
                    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.

                    Comment


                      #11
                      Get your schedules corrected. Answer the questions to the best of your ability, don't leave anthing about if they ask you. But don't volunteer info, that is not the same as not truthfully answering the questions. The trustee will ask if there is any change, you say yes, you ammeded your schedules. If your income has changed over a certain percentage (i don't remember the specific number) you HAVE to report that. Not volunteering is different that not lying. Omitting is lying. THere is a thin line, but I think you can get the picture.
                      I'll be watching, you may never know when or how, but I'll be there. I am there now....

                      Comment

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