Another court date :(

[Freddy03]

Well I received yet another court date today in the mail! It's for the 15th of Oct. I won't be able to file before then. I will retain the lawyer so hopefully I can let the other attorney know my intentions and cancel it. I doubt it but it's worth a shot.

I will be so happy when this mess is over!! I wish I could file tomorrow!

Quick question - should I be saving all our receipts now? If so what kind?

[ccsjoe]

Freddy, hang in there. When are you able to file again?

If you want to be extra careful, sure, save your receipts....however, I have not honestly seen one instance where receipts were requested if there were no apparent excesses that could lead to fraud or abuse...but that's just my thought. Hang in there!

[Freddy03]

I should be able to file late Oct (pending $$)

Do you know if I overdrawn my bank account and opened a new account could the overdrawn account be included in the BK. It's not uncommon that I overdraw on my account but this way I might be able to file sooner than later.

Thanks!!

[ccsjoe]

Yes, you can include an overdrawn account as a creditor. I am!

[Freddy03]

Great - Now I just need to figure out the math and timeline. I may be able to file sooner than later!

Will the trustee look down on that?? It's nothing new for me I'm always upside down come the end of the month. I was just hoping to break the cycle after I filed.

Thanks so much!!

[Freddy03]

Yes, you can include an overdrawn account as a creditor. I am!

Hey today is your filing day! Woo Hoo!!!

[ccsjoe]

Yup need to change my sig line....lol

Don't think trustee will look down on it, hopefully it's not a large amount and it's something you used for living expenses, also as you say there's a documented pattern.

[Freddy03]

Yup need to change my sig line....lol

Don't think trustee will look down on it, hopefully it's not a large amount and it's something you used for living expenses, also as you say there's a documented pattern.

Large amount? My bank only lets me go up to $1000. That would give me enough to pay my attorney without being late on my mortgage.

[ccsjoe]

Check with your attorney, he/she would be in a better position to advise you as to what the trustees in your district will or will not accept.

[SunshineGal]

I should be able to file late Oct (pending $$)

Do you know if I overdrawn my bank account and opened a new account could the overdrawn account be included in the BK. It's not uncommon that I overdraw on my account but this way I might be able to file sooner than later.

Thanks!!

Bad idea Freddy. You do not want to overdraft your account to pay your BK attorney. You'll be far better off asking the court for a continuance. Worst case, they get the judgment and you include it in BK.

[angles]

Bad idea Freddy. You do not want to overdraft your account to pay your BK attorney. You'll be far better off asking the court for a continuance. Worst case, they get the judgment and you include it in BK.

[wnguyen]

Yes, you can include an overdrawn account as a creditor. I am!

How long can you have it overdrawn before filing? Six months, a year, or just have to be 30 days or 60 days? If I learned about it 8 months ago, I'd probably save myself thousands.

[ccsjoe]

wnguyen, I don't know the rules to this. All I know is my old account, which I had dwindled to a balance of $1.41 after moving to a new bank, got overdrafted on Monday after BofA decided to reject an ACH I couldn't stop and process an ACH I also couldn't stop. I got po'd, told my attorney, and he said we'll just list it in the creditor matrix and schedule, be done with it. Since I filed today, I would guess 4 or 5 days overdrawn.

Sorry, but no better answer on this one.

[Freddy03]

I emailed my soon to be attorney. Haven't heard back yet. My account have been overdrawn at least twice a month for the past 5 months.