Assets

[percy]

I have been reading alot here on the forum and trying to decide if I should represent myself, I really cant afford a lawyer, I am on disability and I am deaf and mute and will indicate such in a letter to the court.

What do you folks mean when you say a NO ASSET CASE?

My assets are a couple cheap pistols, thrift store clothing, basic hand and power tools, no RE, two old beat up pick up trucks in various states of disrepair and my regular daily driver 97 nissian truck, paid off. I owe 10,000 on a CC and have paid every payment never late for 7 years, high interest rates has made minimum payments too much for me and my limited income is spent just on rent food and basic living each month.

Would you consider me a slam dunk no asset case that i can do myself, the paperwork I have done already and found it very simple.

All 3 of my trucks do not equal the exemption for 5000 that I am allowed for one vehicle in arizona and I really would like to keep all 3 of them since they are old trucks that i can work on myself, do you think I will be able to keep them all since they are all old trucks and not worth much resale wise?

Am I a 'no asset' case and what does that mean?
Please comment.

[justbroke]

No assets means that everything that you own, is covered by what's known as Exemptions for your particular State.

You may want to at least see if you can get Legal Aid or some other pro bono services for your case. As far as I know, the Court and/or Trustee doesn't provide any special services, but I could be wrong. For example, I just read this... "Bankruptcy courts are not obligated to pay for sign language interpreters or other communication aids for a section 341 meeting". This is because the 341 Meeting is not a judicial (or court) proceeding. It is presided over by the United States Trustee and they have no legal responsibility to provide an interpreter.

The reason I think you should have representation is that you need to at least attend the 341 Meeting of Creditors.

I wish you the best of luck. Please let me know if you contact Legal Aid and/or the Court to find out about pro bono services. Even then, you may still need an interpreter at the 341 Meeting becuase you must be sworn in and answer questions.

[percy]

So even in a simple case like mine I will FOR SURE have to attend this meeting, it is required for everyone?

Is this new, my friend filed 7 back in 2001 and didnt attent ANY MEETINGS at all and was contacted in the mail and told everything was approved, his was a simple case like mine also, so is this meeting a new requirement since 2005 reforms.

Also, if I did represent myself i do think they would have to accomodate my disabilty in some capacity by writing things down for me to read or something, if they didnt that would e discrimnatory on some levels, I contaced legal aide and they have a long waiting list it seems and I need help like NEXT WEEK when I file so I dont know what to do as a deaf/mute person in this case, DOES ANYONE ELSE HAVE ANY IDEAS??

[justbroke]

So even in a simple case like mine I will FOR SURE have to attend this meeting, it is required for everyone?

The 341 Meeting of Creditors is 100% absolutely positively required to be attended by the debtor or debtors filing the petition. They'll dismiss your case if you don't attend.

Is this new, my friend filed 7 back in 2001 and didnt attent ANY MEETINGS at all and was contacted in the mail and told everything was approved, his was a simple case like mine also, so is this meeting a new requirement since 2005 reforms.

I don't think it's new.

Also, if I did represent myself i do think they would have to accomodate my disabilty in some capacity by writing things down for me to read or something, if they didnt that would e discrimnatory on some levels, I contaced legal aide and they have a long waiting list it seems and I need help like NEXT WEEK when I file so I dont know what to do as a deaf/mute person in this case, DOES ANYONE ELSE HAVE ANY IDEAS??

No. You need to have an interpreter because this is, technically, a deposition.

You may want to just file, and attend the 341 Meeting! At the 341 Meeting, make sure that you make yourself known somehow... maybe even have someone call the Trustee in advance. Do you not have any friends who can sign/translate for you?

The worse case is if you attended the 341 Meeting and didn't have an interpreter, the 341 Meeting would be continued to a later date. However you do not want to actually miss the 341 Meeting, as that would get your case dismissed.

As for discrimination, the Court actually is required to provide an interpreter, but this isn't a court proceeding. You may want to also get in contact with the U.S. Trustee in yoru area (on Monday) and see if they could provide such help.

[pookieny]

It's not a new requirement to attend 341 meetings. I filed in 2001 and I had to go then too.

[keepmine]

Why are you even filing? You have nothing anyone can take. Your disabilty payments are exempt from creditor seizure. Nobody wants old broken down vechicles or used consumer goods.

[percy]

Why are you even filing? You have nothing anyone can take. Your disabilty payments are exempt from creditor seizure. Nobody wants old broken down vechicles or used consumer goods.

So you think with just one credit card debt of 12k, I dont own a home and have few posessions (all by choice, I like to move around easily) and 3 old pick up trucks that arent worth much but I love them for many reasons easy to work on etc, I would be better off to just stop paying and forget BK.

What EXACTLY happens when I stop paying, I can send a certified letter saying cease and detist all phone calls and then legally they cant call and harrass, but if they get a JUDGMENT AGAINST me what does that mean, IF i were to ever buy a new car or house maybe TEN YEARS FROM NOW or INHERIT a home when my parents die, will that JUDGEMENT come back and huant me in the form of a LIEN.

Any advice here is appreciated and wont be taken as legal advice, just friendly chat!

[AngelinaCatHub]

Why are you even filing? You have nothing anyone can take. Your disabilty payments are exempt from creditor seizure. Nobody wants old broken down vechicles or used consumer goods.

Actually, after posting on his other thread, you have the best answer. For this Op, I would second the advice. What can they sue him for, and if they do, what can they collect?

My advice is to read 'Keepmine" advice. 'Hub

[percy]

Actually, after posting on his other thread, you have the best answer. For this Op, I would second the advice. What can they sue him for, and if they do, what can they collect?

My advice is to read 'Keepmine" advice. 'Hub

Well I am happy to entertain that advice and it is tempting as to avoid all the hassle of going through BK. I mean to simply stop paying and deal with the phone calls from collectors for 5 years, which really isnt an issue for a deaf person anyway, is very tempting.

The only problem with that and the question that I have about it, which hasnt been answered, is what exactly happens then, they get a judgement against me and if I ever inherit a home when parents die or whatever, they will have liens on it, correct?

At least with going BK this is all behind me and the only real issue is whether I can keep my 3 old pick up trucks since I am allowed a vehicle exemption of 5000 dollars and all my vehicles TOGETHER do not total that much, so do you think they would actually take all my vehicles but the one. Aside from that i really have no other assets to worry about and a BK puts it all behind me with no judgements or worries for the future.

But again I do see your point and it is tempting to just stop paying since I am collection proof, but I just wish I had a clearer understanding of WHAT LIFE IS LIKE WITH A JUDGEMENT hanging over your head.

Anyone know/experience about this?