Need Help before Sheriff Arrives QUICK

[SinkingFast]

First page of this thread, Post #9, I gave you a link to a thread about on-line editable forms.

There's also a thread here, Minny put up as a Sticky at the top of one of the Sections, about what Trustees look for. It goes thru an entire BK petition highlighting everything new with colored arrow pointers and tips and info inserted in boxes.

[Minnymouth]

You can go to all the trouble of doing the paper work yourself AND THEN you have to find an attorney that will LOOK AT IT...... find a paralegal!!!
An attorney will not sign off on a BK petition that he does not file - nor will he give you his expertise advice that its done correctly - that's what you pay him for in bankruptcy. Most attorneys now will have nothing to do with a BK that they did not prepare..... REMEMBER, their butt is on the line now under the new laws......

A paralegal can look it over and offer suggestions for you...... then if you file pro se - cross your fingers and hope you did it correctly...........!!!!! If not, you case will be dismissed!

Minny

[djk]

people love to say what you HAVE to do irregardless of the facts. the facts are if the petitioner WAS adversely affected by Katrina (really makes no difference that they are in PA NOW, many people in PA NOW were in N.O. DURING Katrina and were adversely affected which, if they filed for bankruptcy IN PA NOW would mean they do not have to do the counseling. The justice dept decided that if the storm wiped you out, even if you were forced to relocate the certificate can be waived. Also, if one or both of the petitioners happens to be DISABLED, they do not have to do the counseling, also, if either petitioner was in a WAR ZONE recently regardless if they are PRESENTLY in PA on leave but due to return they do not have to do the counseling. It is a simple matter of filing a form with the petition along with any other form you may file along with the petition. Do the research, people. Or ask any one of the dozens of lawyers you all love to talk about.

[catwhisperer]

people love to say what you HAVE to do irregardless of the facts. the facts are if the petitioner WAS adversely affected by Katrina (really makes no difference that they are in PA NOW, many people in PA NOW were in N.O. DURING Katrina and were adversely affected which, if they filed for bankruptcy IN PA NOW would mean they do not have to do the counseling. The justice dept decided that if the storm wiped you out, even if you were forced to relocate the certificate can be waived. Also, if one or both of the petitioners happens to be DISABLED, they do not have to do the counseling, also, if either petitioner was in a WAR ZONE recently regardless if they are PRESENTLY in PA on leave but due to return they do not have to do the counseling. It is a simple matter of filing a form with the petition along with any other form you may file along with the petition. Do the research, people. Or ask any one of the dozens of lawyers you all love to talk about.

Actually, I do not have a problem with the credit counseling requirement. I know how aggressive the credit card companies can be. When we got the credit, we were real good at paying on time. I had impeccable credit up until 5 years ago. This rips me up because of how quickly I lost my credit. REAL bad business decisions and personal issues. But that is who the credit card companies prey on. I used to work for a couple of them. Oh well.
I think the new laws were to prevent the OJ Simpson types from owning their gazillion dollar estates and filing bankruptcy. It still pretty much protects those who need it.

[no_it_all]

people love to say what you HAVE to do irregardless of the facts. the facts are if the petitioner WAS adversely affected by Katrina (really makes no difference that they are in PA NOW, many people in PA NOW were in N.O. DURING Katrina and were adversely affected which, if they filed for bankruptcy IN PA NOW would mean they do not have to do the counseling. The justice dept decided that if the storm wiped you out, even if you were forced to relocate the certificate can be waived. Also, if one or both of the petitioners happens to be DISABLED, they do not have to do the counseling, also, if either petitioner was in a WAR ZONE recently regardless if they are PRESENTLY in PA on leave but due to return they do not have to do the counseling. It is a simple matter of filing a form with the petition along with any other form you may file along with the petition. Do the research, people. Or ask any one of the dozens of lawyers you all love to talk about.

True but she wasn't a Katrina victim, wasn't in Iraq, and isn't disabled..So I guess the FACTS are she should get the pre-bk counseling!!!! Which is ah, what everyone pretty much suggested!!! Weird how we all got lucky on that one!! Whew!!

[djk]

True but she wasn't a Katrina victim, wasn't in Iraq, and isn't disabled..So I guess the FACTS are she should get the pre-bk counseling!!!! Which is ah, what everyone pretty much suggested!!! Weird how we all got lucky on that one!! Whew!!

yes, her particular case dd fit your bullshit advice, but it was still bullshit advice.
you did get lucky on this one with your bullshit advice. but your bullshit won't always work. so much for your bullshit.

[SinkingFast]

yes, her particular case dd fit your bullshit advice, but it was still bullshit advice.
you did get lucky on this one with your bullshit advice. but your bullshit won't always work. so much for your bullshit.

If people would READ instead of skimming posts, they would know all the facts that had been presented previously before they respond.

[djk]

If people would READ instead of skimming posts, they would know all the facts that had been presented previously before they respond.

I'm not sure what your implying, but the OP did not mention IF their was a disability, nor IF a petitioner was recently in a war zone, nor IF a petitioner was in the justice dept. recognized hurricane zone at the TIME of the HURRICANE.
However, all the replies DID gloss over the FACT that IF any of the above were TRUE then the OP did not HAVE to file a counseling certificate. What it all boils down to is that people need to be as specific as humanly possible when presenting their caes to the forum for cheap non legal comment. And the peanut Gallery needs to realize there are exceptions. Enough said.

[no_it_all]

<snip> What it all boils down to is that people need to be as specific as humanly possible when presenting their caes to the forum for cheap non legal comment. And the peanut Gallery needs to realize there are exceptions. Enough said.

Enough said indeed!!! Thank you for your post. You are absolutely right regarding the position that not EVERYONE is required to complete the pre-bk counseling....I am confident that some poster will find that information relevant to their situation.........Your request that posters present specific information is an outstanding idea and one that I also embrace......and just a FYI..I never give bullshit advice! It is always correct and you can take that to the bank my friend!! If I don't know, I don't post!!!

[catwhisperer]

Enough said indeed!!! Thank you for your post. You are absolutely right regarding the position that not EVERYONE is required to complete the pre-bk counseling....I am confident that some poster will find that information relevant to their situation.........Your request that posters present specific information is an outstanding idea and one that I also embrace......and just a FYI..I never give bullshit advice! It is always correct and you can take that to the bank my friend!! If I don't know, I don't post!!!

It is a little disheartening to hear the harsh words "spoken" here - present company accepted. I am a normal person, not a lawyer, scared and confused. I had a few people ask for clarification, which I provided. If someone doesn't post all the information, it is because they don't know which way to turn. Just help us newbees out - this is the only place to turn when the legaleeze and courts cause sleepless nights and worry.

[djk]

....and just a FYI..I never give bullshit advice! It is always correct and you can take that to the bank my friend!! If I don't know, I don't post!!!

well, not quite. you were the one to state that since the poster said that the residence was PA they did not qualify for the hurricane exemption, that my friend is b.s.

[no_it_all]

U.S. Department of Justice
Executive Office for United States Trustees

PRESS RELEASE
For Immediate Release October 4, 2005
U.S. TRUSTEE PROGRAM ANNOUNCES APPROVAL OF
CREDIT COUNSELING AGENCIES FOR BANKRUPTCY FILERS
AND WAIVER OF CREDIT COUNSELING REQUIREMENT
IN AREAS AFFECTED BY HURRICANE KATRINA.
The BAPCPA permits United States Trustees to waive the credit counseling requirement within a judicial district where approved credit counseling agencies are not reasonably able to provide adequate services to bankruptcy filers. The United States Trustee for Region 5 made this determination with respect to the Eastern, Middle, and Western Districts of Louisiana, and the Southern District of Mississippi.

The above information was lifted from the Department of Justice...Here is some relevant background information for your consideration: The intent was to waive the requirement for counseling since presumably the credit counseling agencies were under water or physically blown away. If relocated to an area where credit counseling services ARE available, it is very possible that the Trustee CAN require pre-bk counseling....to suggest otherwise is of course, incorrect...