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Help with Emergency Petition// Colorado

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  • Help with Emergency Petition// Colorado

    Ok, bought the NOLO guide, as I need to stop a wage garnishment next Friday and THOUGHT I had to have all the forms in in a few days.
    BUT
    NOLO mentioned 1007(c), Emergency petition.

    Gives me 15 days to turn in the rest of the docs, but for now I only need:
    Voluntary Petition (including Exhibit D, concerning
    credit counseling), the statement of your Social Security
    number (Form 21), and a form called a Matrix, which lists
    the name, address, and zip code of each of your creditors.

    Question..has anyone done this in Colorado or elsewhere? What else do I need to know?

    I checked the CO Bankruptcy site and found zip.

    I am thinking I also need my fee installment agreement, some cash and my CO cover sheet.

    Any help would be appreciated as I would LOVE to be able to get the matrix done by Tuesday AM and have it filed so I can have more time on the rest of the docs.

  • #2
    I have done this. I don't recommend it because you'll spend the next 15 days consumed by the filing. Try to get as much prepared as you can and file that with your skeleton (emergency) petition.

    Please know that if you file a skeleton, you will be required to file certain things on all the creditors yourself and need to make sure you are in compliance with the bankruptcy rules and any local rules. Make sure you get your forms from your LOCAL District website or the U.S. Court's website. You may also want to check your local District website for "local" forms so that you don't have a deficiency issued. You must be diligent with this.

    If you are trying to pay in installments, then you need to complete the installment forms and have your first installment ready to upon filing. Your local website, or Clerk, may be able to point you to a checklist for your District.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      I spent 13 hrs yesterday gethering forms and filling them out. I would rather have 15 days than 3 to get the forms done right. I have cleared my social calender (yeah right, cause it was SOO busy being broke all the time), and feel better knowing I have some time do the needed research to turn in a flawless application.

      question.........what do you mean by " you will be required to file certain things on all the creditors yourself"???????????

      this has me worried

      sitting down to read the rules on the matrix per the state site, and hope to have it done in 6 or 7 hours hahahaha, fun stuff, but I love going thru this and knowing the pain will go away soon

      Comment


      • #4
        Hi shellyp,

        Forget outside sites, you need to go straight to the source:

        http://www.cob.uscourts.gov/ then click on "Local Bankruptcy Rules...."

        The first rule tells you what is in an emergeny or skeleton filing

        The major document is going to be the creditors matrix, follow the link L.B.R. 1007-2App to see how you have to format it. This is important.

        You will find that sometimes the Court will want a coversheet or their own form, otherwise use national forms.

        To get national forms go here: http://www.uscourts.gov/FormsAndFees...ptcyForms.aspx

        To get a fee waiver or 'pay installments' I think you need less than $1300 monthly

        The court takes payments in cash, no check or credit card (duh)

        The Local BK rules are a long read, but you just need the Ch 7 parts. Definitely need to be constantly checking the local rules so see where they are different from national or NOLO

        Good luck with this,

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

        Comment


        • #5
          Hi again shellyp,

          The bit on serving creditors is not a problem in our Court, some other courts require you to send everything to creditors if you miss a deadline or file an amendment, etc. Since you have to get the creditors matrix in on the initial filing, you won't have a problem. At least I didn't.

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

          Comment


          • #6
            thanks tcreegan for your help yet again

            I have been running thru the state info rules, but dont see where you see where it says what is an emergency in rule #1, other than irreparable hard, which is the case with this crazy garnishment, in my opinion.

            I am over the $13oo limit, but cant come up with the $299 in 2 days to stop the garnishment in time. Do they just take the $75, then let me know later if the judge doesnt approve it? Then i have to get the balance in asap i assume?

            Comment


            • #7
              I found this on the U.S. Bankruptcy Court site:

              The courts must charge a $245 case filing fee, a $39 miscellaneous administrative fee, and a $15 trustee surcharge. Normally, the fees must be paid to the clerk of the court upon filing. With the court's permission, however, individual debtors may pay in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006. For cause shown, the court may extend the time of any installment, provided that the last installment is paid not later than 180 days after filing the petition. Id. The debtor may also pay the $39 administrative fee and the $15 trustee surcharge in installments. If a joint petition is filed, only one filing fee, one administrative fee, and one trustee surcharge are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 707(a).

              If the debtor's income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid. 28 U.S.C. § 1930(f).


              Our district had no problem approving our installment agreement. I set it up to pay $50 up front, and then three additional payments ($50, $100, and $99). It was approved without question.
              Filed pro se, made it through the 341, discharged, Closed!!!

              Comment


              • #8
                Hi shellyp,

                Sorry, it is rule 2 (well, 1002 actually)

                LOCAL BANKRUPTCY RULE 1002-1
                MINIMUM INITIAL FILING REQUIREMENTS ON PETITION DATE

                The $1300 is for a waiver, hopefully the installments are for anyone, like free2breathe posted.

                Tom in Colo
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                Comment


                • #9
                  whew! YAY!

                  Thanks all!!!!
                  But I am still going to call first thing in the AM to be sure.

                  I am about 70% done now with the matrix! GO ME!

                  Comment


                  • #10
                    Shelly, I also just replied on another thread along these lines. The official form actually gives you the option of sending your first payment in with your initial paperwork or on or before the date you specify. As long as you have all four of your installments paid to the court before 120 days after filing date. The form is B 3A (Official Form 3A).
                    Filed pro se, made it through the 341, discharged, Closed!!!

                    Comment


                    • #11
                      Originally posted by free2breathe View Post
                      Shelly, I also just replied on another thread along these lines. The official form actually gives you the option of sending your first payment in with your initial paperwork or on or before the date you specify. As long as you have all four of your installments paid to the court before 120 days after filing date. The form is B 3A (Official Form 3A).
                      That's district specific though. In my district, you MUST pay at least 1/2 of the filing fee at the time of filing if you want to do an installment plan.
                      This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                      Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17

                      Comment

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