Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

When. Where. To explain

  • Filter
  • Time
  • Show
Clear All
new posts

  • When. Where. To explain

    I am doing a pro se filing.

    Where or when am I asked for explanations? For example...a worthless car. Do I write an attachment to explain everything wrong with the car? Including the fact that I don't actually have the title or car in my possession. Or do I simply put down its value at the crusher and wait to be asked about it?
    I have had a family member use my checking account for a few transfers last year. I show the money transferred in..I have all the deposit and/or western union receipt for that same money transferred out, When and how do I explain it? Attach a letter to those bank statements? Include copies of receipts? None of that money was ever mine. Do I even mention it? It is not on my I don't know if I am causing trouble to wait till it is questioned or causing trouble to write an explanation up front. I have several pieces of jewelry that no one will offer me money for. I thought to take them to a pawn shop and get offers so that i would know what value to write down...but the pawn shops do even want them. Do I write them down, or ignore them? When or how do I include an explanation? If ever?

    Filling out the forms seems straight forward. Explaining the differences is less than obvious.

    I have no problem with laying it all out. Just don't know when I am supposed to. Advice is to answer yes and no at the 341..nothing else. Ok, but does that mean it is all going to be more drawn out with questions later? Is it wise to wait till the trustee sees my taxes and my bank statements and question it, or try to either tell it all first or write it all down as attachments?

    One last question. If I write that worthless car down as a gift last year...and it is disputed...can I amend to include it in my wildcard exemption after the fact?
    Since I do not have possession or it or the title. Should I explain it on an attachment first, or wait till after and then explain it?

  • #2
    I had a couple non-running vehicles to list for my chapter 7. On schedule B no 25, he put

    1982 Dodge Ram
    Mileage unknown
    (inoperable, missing parts)

    1978 Honda CB750
    Mileage unknown
    (Inoperable, missing parts)

    1977 Honda CB750
    Mileage unknown
    (Inoperable, missing parts)

    For the value, he put between $50 and $100 for each. Those were scrap values I came up with, and the attorney was fine with that.

    He did not try to exempt the vehicles on Schedule C. My thought was that if he drug my old, non-running vehicles off the lot for such low values, that they would be doing me a favor. And if they had such a sentimental value, I could try to buyback (not sure if that is the right word) them from the trustee.
    Chapter 7, above median, no asset. Discharged with no UST involvement.


    • #3
      If trustee wants that car...I cannot give him the title..I do not have it. Nor can I turn the car over either...I do not have it.
      I remains in my name (last registration) but isn't really mine? I gave it away, but because it cannot pass inspection...the title change never happened. A review would show my name on it.

      This is my point...I have a few discrepancies. Compare the list of cars I own with my claim...without an explanation, how will that go over?
      Compare my bank statements with my taxes...without an explanation, how will that go over?

      Is it better to write and explanation up front. Like an attachment .... Or wait till asked and then explain?

      Do I just forget about the jewelry that no one wants? Or write a near zero value? Then explain why no value? In an attachment or after I am asked?

      I read that the trustee doesn't like having to chase the filer for info...but I also read that just yes and no answers in 341 is the way to handle it. Which way should I go?


      • #4
        Keep it short and simple--no long explanations. Do it just like TXskyblue suggested. If you are asked to explain further, it will happen at your 341 meeting. That is all you need to do. Now when you are filling out your forms, you can do it by 'groups'. I was diligently detailing our belongings right down to the 'paring knife with the broken tip.' Our attorney--who was mostly worthless--was spot on with her comment: "No, no, no, list only groups such as 'Kitchen--assorted pots and pans; assorted kitchen utensils, dinnerware, and stainless steel cutlery".

        That is basically how we listed things.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."


        • #5
          I will add that the trustee didn't even bring up the vehicles at the 341. My lawyer advised me beforehand that he might, but not a word was said about them. I don't think the trustee cares much about low value things like that, unless he thinks you have a mint 64 Cadillac that you're undervaluing or something.

          Chapter 7, above median, no asset. Discharged with no UST involvement.


          • #6
            Remember to give everything a very low value--as if you are having to unload all of your flea market items before the rain clouds on the horizon dump on you.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."


            • #7
              Angelina...."give everything a low value". How do I square that with going out and getting quotes on things? For example...I asked a local jewelry store to give me a ball park on what I could get for my jewelry. (They want $100 a piece to do a full eval per item). I only wanted to know their take on what I could get for them in a eBay or Craigslist posting. For all my jewelry combined...I came up with 6K 4k for two rings, the rest is misc. Obviously, a pawn shop would be very quick but also very low ball.

              As I have enough federal wild card to cover all these items. I just went with that. Does a price tag like that raise an eyebrow? Should I go and get a pawn shop to give me a quote?

              From reading here, I get that the trustee doesn't want to deal with little stuff. Does 6K jewelry still fall below the radar you think?

              As an example..... I remember reading somewhere the trustee likes to use the nada fair retail value for cars....which I have seen for myself is far and away higher than the real amount the car could ever sell for.


              Unconfigured Ad Widget