Need Help before Sheriff Arrives QUICK

[catwhisperer]

I have a few simple questions but critical.
We ARE filing Chapter 7, looks like we have to do it ourself but we are fairly competent at form filling out.
We had a repossession of a trailer, they sold it, and are suing us for the balance due. A legal services told us that the next step is a sheriff coming through and taking inventory for a sale.

Here are the questions:
1) We need to file ASAP but do you have to go through the credit counseling before you can even file. We need to stop this sheriff's action and other problems.
2) Like #1, is there some paperwork that says you are filing bankruptcy that would stop this bank from pursuing any further action.

I need a quick start and what to do fast.

[Minnymouth]

Is the trailer sold or not..... one line you say it is, the next line you talk about sheriff taking inventory for a sale.....??????

Why did you wait till the trailer was repossessed to file BK?? Since they are going to sue for the balance you will have judgement against you now that will have to be dealt with also....

Had you filed, you could have surrendered the trailer, and paid NO BALANCE on what is owed after surrender......'

Yes you are supposed to have the counseling done before filing I believe or before the 341 meeting.......

Give us some more info....

Filing now would probably put a "stay" on the judgement and possiblly put you in a positio to include the trailer in BK....

Minny

[bellagad]

once you file bankruptcy all creditors must stop all action against you. i had the pleasure of dealing with the same people you are dealing with, they also tried the same illegal scare tactic on me. i let her talk and then informed her that i have just recorded the conversation. check your state to make sure it is legal to tape a conversation in your state. normally it is allowed as long as one party knows that being you. needless to say the collection agency hung up real quick. if it is a unsecured loan i would file and include the idiots in the bk. do not make any type of settement with them as the damage is already done to your credit. also if they do call back ask for the docket number, which court, and the judge who issued the order and the judgement. i bet you thay will not be able to answer the questions,. my number is on my avitar if you have any other questions

[catwhisperer]

Is the trailer sold or not..... one line you say it is, the next line you talk about sheriff taking inventory for a sale.....??????

Why did you wait till the trailer was repossessed to file BK?? Since they are going to sue for the balance you will have judgement against you now that will have to be dealt with also....

Had you filed, you could have surrendered the trailer, and paid NO BALANCE on what is owed after surrender......'

Yes you are supposed to have the counseling done before filing I believe or before the 341 meeting.......

Give us some more info....

Filing now would probably put a "stay" on the judgement and possiblly put you in a positio to include the trailer in BK....

Minny

Yes, trailer was sold. We were trying to avoid bankruptcy, had always intended on paying bills. THe taking inventory is because they are suing us now for the balance due after the trailer was auctioned. We now are filing to protect our possessions because we were told by a legal services attorney that we can only keep $300 worth of our possessions after they take an inventory of ALL of our possessions and then auction them off to pay off the balance of the trailer.

[SinkingFast]

You can access a list of approved Credit Counseling Agencies here:

http://www.usdoj.gov/ust/

You have to have the Credit Counseling done and your BK Cert before you can file.

Some attnys offices, however, have a particular agency that they prefer to work with and want the Counseling Session done in their office.

If you search Forms, you'll find a recent thread about on-line forms that you can fill in on your computer. Also, Minny has place a sticky up top of one of the Sections about what Trustees look for. That link shows the BK Petition and goes thru highlighting step by step new items for Trustees. Arrows pointing to lines have boxes with instructions and info in them.

I am confused about one thing,.........

They are taking your trailer. But I don't get the Sheriff coming to do an inventory for sale. Are "they" planning to sell household items and such to satisfy the Judgement??

If that's not the case, then you don't have to rush. The trailer will be gone and the deficit balance Judgement will still be there. You can discharge that at any time.

Unless there's much more going on that you haven't told about.

[catwhisperer]

once you file bankruptcy all creditors must stop all action against you. i had the pleasure of dealing with the same people you are dealing with, they also tried the same illegal scare tactic on me. i let her talk and then informed her that i have just recorded the conversation. check your state to make sure it is legal to tape a conversation in your state. normally it is allowed as long as one party knows that being you. needless to say the collection agency hung up real quick. if it is a unsecured loan i would file and include the idiots in the bk. do not make any type of settement with them as the damage is already done to your credit. also if they do call back ask for the docket number, which court, and the judge who issued the order and the judgement. i bet you thay will not be able to answer the questions,. my number is on my avitar if you have any other questions

Sorry, my husband says I don't explain stuff well. This is all so confusing and scary. The legal services person is a lawyer who provides free legal advice to the poor. We have NOTHING, no home, a 11 year old car ready to go, just some old furniture and clothes and a tv/stereo that would get $50 at a yard sale. It is a bank coming after us for the balance due on the trailer. I'd like to call them up and say you are wasting your time because if you sue us you won't get anything because we are self employed, on food stamps, and just barely making rent payments. My husband just started selling real estate but that is getting us nowhere quick.

We know Chapter 7 is what we need to do, just need to get this bank to stop asap. I can't handle the stress anymore.

[catwhisperer]

OK, someone walk me through this, I am extremely confused.

Is this correct?
We get the credit counseling
We get a bankruptcy certificate (what is that?)
When then file the petition (is that the online stuff I can do through Form 7).

My main question is - is there something I can file that will stop this bank from pursuing more legal action until we get the credit counseling and the bankruptcy petition filed? I need to be walked through what to do.

[catwhisperer]

OK, someone walk me through this, I am extremely confused.

Is this correct?
We get the credit counseling
We get a bankruptcy certificate (what is that?)
When then file the petition (is that the online stuff I can do through Form 7).

My main question is - is there something I can file that will stop this bank from pursuing more legal action until we get the credit counseling and the bankruptcy petition filed? I need to be walked through what to do.

OK, just found one answer. Looks like the credit counseling is only 90 minutes. I was afraid it was weeks and I don't have that much time.

Now, what is the bankruptcy certificate. Will this indicate to the bank that pursuing this more may be fruitless?

[SinkingFast]

First you do Credit Counseling. At the end of the Credit Counseling session, if you don't have any alternatives, the CCA will issue you a BK Certificate. You MUST have a BK Certificate to file BK. On average, the fee is about $50, give or take. Many of the Agencies charge a flat fee for a couple filing jointly.

Then you have to fill out the forms and physically file your BK Petition and Creditors Matrix with the Clerk of the BK Court. There will be a filing fee to do that. $274 for Ch 13, $299 for Ch 7.

You can't just say you'll file Ch 7. You have to qualify for it. That's determined by the Means Test. All of that stuff is at the DOJ link I gave you above. Sounds like you'll be 7, but you've got to prove it.

You have to have paid your income taxes for the last 4 years prior to filing. If you didn't, you'll have to arrange a payment plan with the IRS. New tax debt is not dischargeable.

You'll also need the last 6 months of pay stubs from any earned income.

Here's a link to a thread about editable Forms:

http://www.bankruptcyforum.com/showt...ighlight=forms

Here's a link to the thread about what Trustees are looking for in BK Petitions:

http://www.bankruptcyforum.com/t7296...out-forms.html

Once you actually file your petition, an automatic stay goes in place that will stop all the legal action against you. But that won't happen until you file.

[Minnymouth]

Sounds like you might qualify for "legal services" to help you. Try contacting them and discussing your situation................. They may offer you a paralegal to help you with your paper work....

[notme]

I have a few simple questions but critical.
We ARE filing Chapter 7, looks like we have to do it ourself but we are fairly competent at form filling out.
We had a repossession of a trailer, they sold it, and are suing us for the balance due. A legal services told us that the next step is a sheriff coming through and taking inventory for a sale.

Here are the questions:
1) We need to file ASAP but do you have to go through the credit counseling before you can even file. We need to stop this sheriff's action and other problems.
2) Like #1, is there some paperwork that says you are filing bankruptcy that would stop this bank from pursuing any further action.

I need a quick start and what to do fast.

We just had our 341 meeting today, The trustee announces to everyone that you cant have your credit counseling dated the same day you file for BK. It has to be done before you file. He really didnt say anymore than that. Just make sure you allow atleast a few days or week before you file.

[SinkingFast]

We just had our 341 meeting today, The trustee announces to everyone that you cant have your credit counseling dated the same day you file for BK. It has to be done before you file. He really didnt say anymore than that. Just make sure you allow atleast a few days or week before you file.

One of the New Law "reforms" was aimed directly at Emergency Filings to prevent Foreclosures and other legal actions from occuring. People waiting until the 11th hour and running to the Court to have the Court fight their legal battles for them.

Minny is right.

You should check out Legal Aid, or whatever they happen to call it, in your area. You may well qualify for free legal assistance. At the very least, a paralegal to assist you with your paperwork. Your local Legal Aid may even have attnys available to help you.

[alh]

I would be very careful about filing in a rush. Especially without a lawyer. The new law has a lot of hoops and paperwork that have to be filed correctly and if you screw them, up your case can be dismissed and you could end up worse off than you were before.

Not trying to scare you, but don't rush and end up doing it wrong.

I agree. Check with legal services.

I'm not a lawyer, but some of the part about the Sheriff coming to get your stuff sound like a bit of a bluff. They would have to get a seperate judgment and then I'm not sure if they could do that. Just my opinion.

[catwhisperer]

Sounds like you might qualify for "legal services" to help you. Try contacting them and discussing your situation................. They may offer you a paralegal to help you with your paper work....

"Legal Services" is the one that told me they could not file the bankruptcy until the sheriff arrives to take an inventory of our possessions to sell at auction. Also, our income is from a Subchapter S corporation that pays us a "ha-ha" salary. The business is not in a good position either - the cause of our bankruptcy. The business is not nearly in as much trouble, nothing that cannot be resolved over the next year. BUT, Legal Services would not listen and kept telling us the same thing over and over and would not do the bankruptcy.

Anyone know of another avenue for people that have absolutely no money and need to file bankruptcy. We don't know how we are going to pay for next month's rent, let alone bankruptcy filings.

[no_it_all]

I have a few simple questions but critical.
We ARE filing Chapter 7, looks like we have to do it ourself but we are fairly competent at form filling out.
We had a repossession of a trailer, they sold it, and are suing us for the balance due. A legal services told us that the next step is a sheriff coming through and taking inventory for a sale.

They are lying..the next step is to get a judgement..something is fishy here...