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Please some one help with this question A.S.A.P!

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    Please some one help with this question A.S.A.P!

    MY lawyer sent me a copy of the petition he is filing on my behalf. Ther are some problems.... Spelling errors, and some of the items I have listed to him are not on the petition. Id this a problem (the missing items I mean). The spelling errorts will be corrected, IU will not put up with that krap. But can I get into trouble for him not listing stuff?
    My credit scores:
    Before Filing: Tr 496, Ex 496, Eq 507

    Today: Tr 618 (+122), Ex 601 (+105), Eq 623 (+116)

    #2
    Depends.

    You most definitely want him to list all your Creditors. Don't want any debts left flapping the breeze to come back and bite you in the butt.

    But on personal property,......... That's a bit different. Unless it's something that the New Law specifically says has to be itemized, the less detail the better.

    Most attnys just use a one line statement for the "grouped" household goods. They'll say "Household Goods and Furnishings" and list the dollar amount exempted. For things that are required to be broken out in the petitions, the attnys will list those seperate.

    So, if your attny didn't list sofa, bed, chest of drawers, night stand, end table, clothing, etc. like you wanted,........ That would be OK.

    What did the attny leave out??
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Originally posted by SinkingFast
      Depends.

      You most definitely want him to list all your Creditors. Don't want any debts left flapping the breeze to come back and bite you in the butt.

      But on personal property,......... That's a bit different. Unless it's something that the New Law specifically says has to be itemized, the less detail the better.

      Most attnys just use a one line statement for the "grouped" household goods. They'll say "Household Goods and Furnishings" and list the dollar amount exempted. For things that are required to be broken out in the petitions, the attnys will list those seperate.

      So, if your attny didn't list sofa, bed, chest of drawers, night stand, end table, clothing, etc. like you wanted,........ That would be OK.

      What did the attny leave out??
      I have a collection of Tony Stewart die-cast cars... he didn't list the total he put 2 I have a total of 4. HE didn't list my DVDs or the 2 broken computers IU have that could be sold as parts.
      My credit scores:
      Before Filing: Tr 496, Ex 496, Eq 507

      Today: Tr 618 (+122), Ex 601 (+105), Eq 623 (+116)

      Comment


        #4
        I wouldn't worry about the broken computers, I don't think. They're broken. Yeah they could be used for parts, but they basically have no value. Goodwill sells fully functional used computers with monitors and the whole shebang for $100. So even tho the New Law specifically says ONE computer, I wouldn't worry about a couple broken down computers that do not work. You could toss those in the trash at any time.

        Your Tony Stewart die cast cars are a bit of a different story. Those could be considered collectibles. Since they don't fit into the New Law description of what's considered Household goods, do you have an exclusion in your State exemptions for "collectibles, antiques, or other type goods"?? If you don't, you may have to buy them back from the Court or turn them over to be sold.

        DVD's shoulda been listed tho. They would fall into the "other electronic equipment or goods not to exceed $500 in value" category. Still could be covered by an exemption and probably still should be listed just as a CYA.

        Good thing the attny gave you a copy to proof read in advance.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Certainly address any errors. And, look over the rest very carefully to make sure there are no other issues.
          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


            #6
            I can attest to this as well, I didn't proof the final petition and I'm in a mess w/the trustee over my personal exemptions.

            Comment


              #7
              How do you know what to lump together and/or itemize?

              Hi SF:

              I am curious as to what to itemize or lump together regarding personal property. I figure that household goods should be lumped together and other things like you mentioned i.e. other electronic goods should be itemized and broken own with their garage values. The only thing new I have is what I purchased with my tax refund and that's a queen size bed (the old full size bed was too small and the springs we poking us) and my daughter a twin set (the air bed kept getting holes) and 2 mattresses to fit my boys' bunkbeds (it's been 5 yrs since replacing them and they were losing sleep) so for under $800 I got all orthopedic beds. I figure that was the least thing I could do with the $$ invest in something that will last a few years until they're ready to go to college! I guess for this purchase I will list the actual value. Beds are exempted and I have a receipt as proof of where some of the tax money went just in case the trustee wants to break my chops when I do file. Luckily I bought the furniture from the local dealer in my neighborhood which I've done business with over the years. He threw in tax and delivery into the price. Sleepy's is 5 stores up, I can imagine how much they would have charged for the same stuff. I wish I had a chance to take photos of the old beds I hauled into the street. The trustee would have had pity on me and paid for the beds himself - LOL!

              sbb


              QUOTE=SinkingFast]I wouldn't worry about the broken computers, I don't think. They're broken. Yeah they could be used for parts, but they basically have no value. Goodwill sells fully functional used computers with monitors and the whole shebang for $100. So even tho the New Law specifically says ONE computer, I wouldn't worry about a couple broken down computers that do not work. You could toss those in the trash at any time.

              Your Tony Stewart die cast cars are a bit of a different story. Those could be considered collectibles. Since they don't fit into the New Law description of what's considered Household goods, do you have an exclusion in your State exemptions for "collectibles, antiques, or other type goods"?? If you don't, you may have to buy them back from the Court or turn them over to be sold.

              DVD's shoulda been listed tho. They would fall into the "other electronic equipment or goods not to exceed $500 in value" category. Still could be covered by an exemption and probably still should be listed just as a CYA.

              Good thing the attny gave you a copy to proof read in advance.[/QUOTE]
              Hooters MC: $1700
              First Premier Platinum MC: $450
              Orchard Bank MC: $300 Juniper Visa :$600
              Target Card: $200 Capital One:$1500

              Comment


                #8
                I filed on my own and I didn't know about lumping things together. I put alot of effort into making sure the trustee didn't think we were hiding anything, so I tried to list all we had, LOL. Afterwards I did realize some things that I forgot. Nothing major, and nothing that would not have been exempted. (We had wild card to spare.) I did group things like 'living room furniture' and 'kids room furniture' and 'misc. CD's, DVD's, and VHS tapes'. Its just hard to think of EVERYTHING.

                The things I realized were forgotten: a freezer we have in the basement. Out of site, out of mind? We paid about $250 6 years ago for it. Also, forgot to list our camcorder. Was a gift from my inlaws 5-6 years ago. Neither of those could be worth much now!
                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

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