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Listing fed/state tax agency on matrix vs local court guidebook instructions

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    Listing fed/state tax agency on matrix vs local court guidebook instructions

    Local BK court has a pro se petitions guidebook. It gives directions for how to form the creditor matrix which is very useful. In particular, it mentions NOT to add fed / state tax agency on the matrix.

    Yet all recap filings that ive studied in my district list done by law firms have them added.

    So im conflicted as to add it or not. Last thing I want is some tiny small technicality like this to throw a case out!

    I will further research if there are some higher rules that explicitly state to add them. Not sure who wins out, the higher rules or the local court guidebook.


    #2
    Originally posted by bornfree2 View Post
    Local BK court has a pro se petitions guidebook. It gives directions for how to form the creditor matrix which is very useful. In particular, it mentions NOT to add fed / state tax agency on the matrix.
    The experience of the particulars of filing.

    The reason for this is that the court automatically adds the taxing agencies! (Mine does this as well as notifying the County Taxing Authority, Florida Department of Law Enforcement, and the Child Support Enforcement agencies.)

    Please follow their Pro Se petition guidebook as it is specific to your BK court!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      The experience of the particulars of filing.

      The reason for this is that the court automatically adds the taxing agencies! (Mine does this as well as notifying the County Taxing Authority, Florida Department of Law Enforcement, and the Child Support Enforcement agencies.)

      Please follow their Pro Se petition guidebook as it is specific to your BK court!
      okay thanks. ill see if i can find all the special hop trots, hand signals, and magic words to say when i go to the filing window, so i pass all the hurdles they give the Pro Se. sheesh.

      the local court stats i found said 20% of pro se are dismissed for incomplete/inaccurate filings! yikes

      Comment


        #4
        Originally posted by bornfree2 View Post
        okay thanks. ill see if i can find all the special hop trots, hand signals, and magic words to say when i go to the filing window, so i pass all the hurdles they give the Pro Se. sheesh.
        There are none. They will know instantly that you're Pro se because, well, you're filing a petition at the window (attorneys can't do this). Usually, the clerk will hand-check (spot-check) your petition at the window and let you know if you're missing any "mandatory" item. They will not tell you if you're missing something that is not mandatory at the time of filing. They may even point you to a local form requirement right there, or you'll have to wait.

        Some clerks will arrange the forms in the proper order right there at the window. The book may even tell you in which order the forms must be arranged.

        In about 24-48 hours the case will appear on PACER and you must go look. The clerk will review the initial filing and determine whether there are any defects in the filing. That's usually a missing document, signature, or other requirement for the forms. They don't look at the contents of the forms as much as they are making sure you have the forms. If any issues are discovered, the clerk will issue a Deficiency Notice. You need to deal with these promptly.

        Originally posted by bornfree2 View Post
        the local court stats i found said 20% of pro se are dismissed for incomplete/inaccurate filings! yikes
        See what I wrote just above. This happens because Pro Se's need to know they are responsible for their filing and any mistakes (deficiencies). Make sure you have a PACER account and you check one a day to see if there's anything new. If you immediately sign up for electronic debtor notices (and/or notice from the bankruptcy noticing center... BNC), you will get notices by email either immediately or daily based on how you set up your notifications. It is your responsibility.

        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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