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A little help filing BK: "Address of creditor" for Bank of America Credit Cards+more

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    A little help filing BK: "Address of creditor" for Bank of America Credit Cards+more

    1. I have two Visa CC accounts with Bank of America: one Worldpoints Platinum card and a Platinum Business account with one card attached to it. I'm doing this without a lawyer as of right now and I need a little help. What exactly is the address(es) that I'm supposed to put down for each account. I'm thinking it's the one in "N Tryon St" in Charlotte, NC, but they seem to also have "corporate" addresses in Delaware, Florida and California. Anyone here know which one or where I could find the specific addresses I need to put down? And if I were to also owe fees on my BoA checking account, would I list that same creditor address for that as well?

    2. Also, in filling out the Schedule C form about where I jot down my personal property that I'm going to list as "exempt", I'm told to specify the law which provides each exemption. Can someone point me in the right direction as to where I can find the specific laws that they are referencing?

    3. Another thing: On the "Means" form (22A), I am confused as to whether or not to to count my Social Security Disability as part of my income on THIS form. On this form, there is no line that specifically asks for Social Security/disability, yet on another form like Schedule I, there is. Line 8 on the Means form says to list "any amounts paid by another person or ENTITY, on a regular basis, for the household expenses of the debtor". I would think this would be the logical place to put it, except the subsequent Lines 9 and 10 specifically tell you NOT to list anything you receive from Social Security as part of your income. Line 9 mentions Social Security but it's in regards to "Unemployment compensation", and even if I were applicable, it says to not put the amount in either Columns A or B. And it specifically states in Line 10, "Do not include any benefits received under the Social Security Act" in regards to any other miscellaneous income. So I'm thrown off a bit here.

    4. Lastly, I've read that I need to provide recent pay stubs and my most recent tax return to my bankruptcy trustee at least seven days before my hearing. The problem here is that I did not earn the minimum amount to file my taxes (less than $8900), so I never filed them this year or last year. What would I have to do in this situation here? File my tax return anyway (late) and then hand over a copy to the trustee, or would they understand my situation if I were to explain it in person or in writing?

    Thanks for reading and any insight you can give me. I know a lot of you are thinking "Just go get a lawyer!", and I may do that eventually, but for right now I'm thinking I can do this correctly solo with help from people like you.

    #2
    i am not an expert, but:

    as to the bank of america addresses, they most likely get their notices electronically from the court. call the bk court clerk in your area (or any judge's secretary/law clerk by calling a judge's "chambers") and ask.

    as to social security, i am pretty sure you don't need to include it in the means test.

    as to taxes, submit the most recent tax return that you did file. you don't need to create one just to have something recent for the trustee, though you probably can if you prefer.

    as to "just go get a lawyer", you don't have to but once you accumulate a set of questions like that, you can go for a free consultation with one and casually ask some of these questions. you'd probably get answers similar to what people will tell you here, but still it would increase your confidence.

    as to the laws for exemptions: first you have to figure out whether you will use state or federal exemptions. some states allow you to use the federal exemptions but some states have better exemptions than the federal ones. federal exemptions are listed in 11 usc 522 (google it, you'll find it). if you will be filing on your own, you should be reading a lot of, if not all of, 11 usc (which is, united states code title 11). you should also read federal rules of bankruptcy procedure; while only some of them will be relevant for you, you should read all of them to get an idea of what's going on.

    and keep reading this forum to see what people say about pros and cons of filing without a lawyer.

    good luck!
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

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