Not sure may be dumb question.. creditor has a claim on my husband

[freshstart06]

my husband had an overpayment from unemployement for $280. I still don't know who DES found out we were filing, I don't even remember including them. Well they have a creditors claim on file. Should we just pay the $280??? I don't want anything that small to hold up my discharge when the time comes. My paralegal is out for the weekend and my brother is out of the country so I have no one to ask about what to do???

I don't think it is a big deal but I wanted to make sure.

[JRScott]

Most likely they routinely check PACER and cross reference it with their records.

If you didn't include them in the initial paperwork it might be best to pay them off if you are able. I doubt that debt would be dischargeable.

[freshstart06]

yeah it is only $280, my meeting is third week of August, we can split the payments into 4 payments. I left a few debts out that I know we will have to pay back and they were one of them. I doubt if that debt is dischargable as well because it is a state payment. To be honest we forgot all about them. It looks like my paralegal may have included them, she found debts that I completely forgot about and was not even on my credit report, I have no idea what system she uses to find debt.

[lrprn]

I left a few debts out that I know we will have to pay back and they were one of them.

Do you realize that you are required by the bk law to list ALL your debts when you file? You don't get to pick and choose which ones you include.

It looks like my paralegal may have included them, she found debts that I completely forgot about and was not even on my credit report, I have no idea what system she uses to find debt.

If this creditor is listed on your filed case and you pay them off now after filing, if your trustee finds out he/she may take that money back as a preferential payment. Doesn't matter if it's the state. And I believe that Arizona may be one of the majority of states that discharges debt when an accidentally omitted creditor would have been wiped out if they had been included. You could be paying a debt that isn't necessary to pay.

This is one of those times when filing pro se leaves you asking strangers on an internet forum for legal advice. Since none of us are bankruptcy lawyers and can't give you legal advice, I do hope that whatever you end up doing doesn't come around to bite you later.

[freshstart06]

I am fine, I just went over all the creditors and they are listed. The only debts we left out is DES (which is there) one doctor, the bill was only $65 dollars which I paid (I am still seeing him and did not want any problems) and bill for my internet leads which was related to my job but in my employers name so they told me it was not my responsibility to add.

Thans Lrprn, for your concern, I really like the fact you want to make sure I am on top of everything and I am. Even people with lawyers are asking the most simple questions as well. It is the weekend and I can get in touch with anyone nor did I take a good look at all the new creditors list that my paralegal added, I am trying to avoid pacer because I got carried away and owed $28.

Pro se is the only way I could go, I have no money to pay a lawyer, there is nothing I can do about that. We have no assets or nothing to hide so I am not worried about the chapter 7 having too many problems but if it does I will worry about that at that time.

I am a little offended that you would state that "pro se" asking strangers questions when I see a lot of simple questions being asked by people with lawyers. I see if I had a major problem like the trustee found hidden assets that I forgot I had (please note, this is only an example, I don't have assets)

Some of us Pro se just can't afford a lawyer, there is a reason why we are filing BK. I am surprised that the trustee don't throw a red flag on people that have no assets and barely any money but can pay a lawyer $2000 plus to file. At this time we can't even begin to save that type of money. I have four kids and I am dealing with some health issues right now our money goes to that.

I am sorry but I thought this board was for us to ask questions not be judged because we went pro se. To be honest after filing pro se, if I had the money to pay a lawyer, I would still go pro se unless I had assets.

[lrprn]

Even people with lawyers are asking the most simple questions as well.

When the questions are simple, no problem. Those are the questions this forum can help with most. But many of the questions you are asking on this thread and others aren't simple. An accurate answer for this question asking if it's ok to pay a potentially non-listed pre-filing debt after you file really does require a lawyer's advice who is familiar with the ins and outs of your local bankruptcy court.

I am a little offended that you would state that "pro se" asking strangers questions when I see a lot of simple questions being asked by people with lawyers.

See my response above. I'm not offended by your questions at all - just want you to be aware that although you see your questions as simple, in reality with the twists and turns of the new bk law, most of them are not. Complicated questions are complicated questions whether you file with a lawyer or not. At least when you have a lawyer, you have a ready source of usually reliable information that is real legal advice.

We're all doing our best to help you, but in fact you are asking strangers on an internet forum for advice about what to do regarding your case. We all are doing that. We're here to offer suggestions, but taking those suggestions is always at your own risk. That goes for everyone here, including yours truly, also whether you file with a lawyer or not.

I am sorry but I thought this board was for us to ask questions not be judged because we went pro se.

If you feel I'm judging you because you went pro se, then I apologize. That has never has been my intent. I'm trying to help you and other members thinking about filing pro se see that your case isn't a simple, no-asset Ch 7 case. Through a lot of personal research, reading hundreds of court decisions, and reading thousands of posts here over the last 18 months, I've learned a lot about where the potential problem areas are under the new bk law.

Bottom line is you're an over-the-median Ch 7 filer with unusual circumstances not seen in simple, no-asset cases that lend themselves to lower-risk pro se filing. You haven't had your 341 meeting yet, so it's too early to tell if your case is going to have problems or not.

Everyone here in the forum has done what they think is best in their unique financial and life circumstances, and everyone here will live with the choices each of us made, good, bad, or inbetween. That includes you and me.

You and your family deserve a fresh financial start. I hope with all my heart that you get through your filing without any issues and get to discharge and closing quickly.

[freshstart06]

Lrprn, the main reaons I asked the question is because usually someone had the same experience and can give me some insight. When we file BK we want to know what is going on every second. So when we see something unusually most people ask, it is okay to ask people on the board because most likely there is someone that can give their experience because it happened to them.

To be honest, I am not worried about our income being a little higher, payroll deductions fixed the problem. After I saw people that discharge and closed with income $14,000 PLUS over the median but still passed the means test in the state of Arizona.

I am going to have a lot of questions, I just don't want to be reminded over and over again "oh you are going pro se" I mainly want to get others feedback and experience in such matter.

To be honest at this point, I already filed, it is either going to close or it is not, the trustee is either going to have a lot of question or he will not. I refused to worry about something along those lines unless there is something to worry about, I will address each concern as they arrive.

I prayed over this and I am not worried that I will not discharge and close. God has not let me down, I have struggled but when I really need something he provides/ We are going through this because there is a lesson we learned. I mainly went through health problems because I would stress and work from 5am until, neglect my husband and kids but look where it got me... sick and now can't work until I am healed. My husband and I wanted to purchase a home so bad that we never thought things through and got into situation of paying high rent for rent to owns but in the long run put us in the hole. We knew the market is bad but we just wanted to secure a home. I knew better but ignore it. We have made some bad credit decision but now we see the light.

I truly believe God affected my eyes so I can finally see and affected my feet so I can stop running from the truth. My husband is going through his issues because he had to learn a few things as well. Even though God put us through what he did, we nevef went a day without food, he always provided a roof over our head (we did not even need to move in with anyone)
when money was completely gone, money would some how just appear but just enough. This is the same God that held our hand and shield us through all of the really hard times, this is the same God I prayed to make sure we discharge and close and I don't doubt him.

[familyof7]

Amen! I am 23 yrs old have 5 kids have been married 9.5 yrs (yes I started young) and it has been my husband and I the whole time with our kids no family help and then 2 of our kids got disabilities and I have had my health issues so we got way in over our heads but god has not let us down we get what we need usually just enough and we always come out stronger than before. There is always a lesson to be learned. Well I filed Pro Se no help I did not even find this group until after I filed and now we are just waiting for the discharge& close to be filed so if I can do this I did not even complete the 9th grade then you can do it Total we have filed 125 papers which is more than most cases. I was even able to get the filing fee waived the first one this year with this trustee. It is hard and can be overwhelming but it will be okay.

[JollyGG]

Amen! I am 23 yrs old have 5 kids have been married 9.5 yrs (yes I started young)

Did I read that right? You got married at 14?!

[freshstart06]

Opps, thought you were talking to me about being 14 when I got married.

[freshstart06]

Familyof7, I applaud you. My mother filed BK years ago using a typewriter, no lawyer and no problems with her case. She even made good money but problems arised and she needed to file.

I know problems can happen in BK but anyone reading the post can see that most cases close without problems then the other way around. I don't care what anyone says I just don't see the point of a lawyer if you have no assets, do not own a home and basically don't a have anything to lose.

I have spoke to a lot of people that filed BK and usually when you have no asset case the trustee pretty much is done with you as long as your paperwork is fine. Creditors can object and waste their money trying to fight for money you just don't have, of course they have a case if you lied on their application.

I don't know, I just have a strong feeling we are going to be okay.

[sickandtired8]

Wow

Did I read that right? You got married at 14?!

Or 13 1/2! Wow!!! I can't even imagine. S&T

[familyof7]

Yes 14 yrs old I did we were both very young he is 2 yrs older we have been on our own every since he has his own business (small) but we are independent and were it not for 2 kids with life threatning diseases and my self with severe health issues we would not be in this financial state. I went half way through 9th grade I passed GED with flying colors made a 1370 on my SAT in 2004 went through nursing school was going to go all the way and be a nurse midwife but found out my daughter was severly ill and not too long after that I had kidney failure so I put all my plans on hold. We have made it by the grace and our faith in God and pure will power and determination not to give up. We have had a very hard challenging life but with every challenge comes a lesson learned and we always come out of it stronger and smarter than before God is amazing.

[freshstart06]

Familyof7, you are more of an inspiration. I am so proud of you. You are only 23 years old and look at what you have accomplised and done. Most 23 years are still living off their parents money, partying all the time you name it. Not saying all but most. At 23, even though I already had one kid I still was not as responsibile at you.

To top it off, you completed your own paperwork without any help or assistance, Heck, I couldn't even do that, I hired a paralegeal. You successful file your own BK and got it closed on your own.

Now just sit back because God has a bigger blessing on the way. I knew there was something special about you for this reason I put a special prayer to make sure your case closed. There was something that stood out.

[familyof7]

Thankyou so much freshstart06 .It aint closed yet (but it will be soon) from what I understand usually 7 days in my district from the deadline for objections.