HELP!! Got TRUSTEE letter today 12 days before my 341

[trytosavemyself]

First of all thanks BKforum.com for existing, you have comfort a lot of my unsettling questions. Well I have been checking on my claim register everyday and my credit report on truecredit.com everyday. But something happened today (01/11/2007).

I received a letter from a Bankruptcy Analyst of the U.S. Trustee office. It says the following.

1. Schedule J lists car payment of $2,000 per month but schedule B lists no cars as assets. Also Schedules D and G lists no car loans or leases. Please explain and if necessary, file amended bankruptcy schedules.
2. Statement of Financial Affairs question #1 indicates that you have no income in the past three years. Is this correct?
3. What is the status of your mortgage? The parments are $5,000 permonth. How have you been paying it?
4. Please provide us with a copy of lawsuit that led to the judgment which was entered on or about February 21, 2007.
5. No bank accounts are listed on Schedule B. Is this correct? what was the name and location of your last bank account?
6. Please provide your 2006 income tax returns to our office, as well as the Chapter 7 trustee. This is a requirement and the trustee is actually supposed to received it seven days before your meeting on Jan 23, 2007.

For #1: I have non listed in the schedule because since I filed pro se, I didn't know that it is important that I file jointly with my wife. and on Jan 2, I have filed amendment and from what the bankruptcy analyst on this letter on Jan 11 it didn't reflect any of this information.
For #2: I truly have no income for the past three years mainly just working on some projects to try to start a business but have been relying on my old saving prior to that and borrow money from relative. I have tax filing to support those am I okay with that or do I need more?
For #3: We are late for 2-3-4 months now and we are prepared to pay however much when we get my wife's tax return and sell the house.
For #4: Do I still need to give them the copy of lawsuit that led to judgment since judgment was entered and case closed. I have also remove it from the schedule from filing amendment on Jan 2. Its a breach of contract judgment from the place I work commission on and was included in law suit.
For #5: I followed instruction from an online filing place but, I guess I will just give it to them since there are no money for the past god knows how long.
For #6: My wife and I filed jointly so I will provide that to them. I have no income from that anyway.

Gentlemen and Ladies, please let me know how do I respond to them.

thanks. I really really need your help.

Filed Chapter 7 bk Dec 2007 PRO SE
*341 Jan 23, 2008
*Last day to Objection 03/2008
*Count Down to Freedom DAYS: 77

[coma]

Do you have an attorney?

[trytosavemyself]

nope, I can't afford one. does it look like I need one. I really have nothing to hide, they can have all kind of paper work bank statement, lawsuit paper, tax filed and everything. I'd be happy to give it to them.

[Ugh07]

you are going to pay back 4 months of 5k mortgage payments but can't afford an attorney? Figure it out, sounds like you need one

[trytosavemyself]

pay 4 months of 5K mortgage from my wife's tax refund this year it is not in my pocket yet.

[WantToBeDebtFre]

I would just give them any of the paperwork they ask for. At least they sent you this letter before the 341. It would have been worse to get there and then not have everything they need. That happened to me and I do have an attorney. If they don't have all the paperwork they want at the 341 they'll continue the 341 to another date to give you more time to submit the paperwork.

[trytosavemyself]

Thanks WantToBeDebtFre, I will do that definitely on Monday. I guess I really screwed up by not file with my wife jointly. Otherwise this would not be an issue. Because my wife did not received anything in the mail and we filed the same information and they did not send any request to her.

Filed Chapter 7 bk Dec 2007 PRO SE
*341 Jan 23, 2008
*Last day to Objection 03/2008
*Count Down to Freedom DAYS: 77

[aachudneymiles]

your docs mite be a bit messy thats ok to a certain level. Sounds as if they are trying to figure out were you are coming from.. liar confused- or what.. You are going to be comb thru with a fine tooth comb... you need to look at your papers and ask your self does it make sense if i was the us trustee does it look like a lie or something I should look in to further .. better yet scratch that get an att asap, atleast talk to one and you and your wife filed bk but not jointly why? Do you have the nolo book it helps but you need sound bk lawyer advice. I am pro se myself, its not easy I had a lawyer there for just in case purposes. First some trustee already frown apond Pro SE and this is the reason its more work- although lawyers make the same mistakes.

but good luck

[trytosavemyself]

Thanks for the advice, I will take it into consideration as I really don't have money and most people wanted to have more than 4K to start. but like I said my wife is the one who is paying and we are late on everything. if they can find reason (money, asset or anything valuable I will give it all away to my creditor.

[aachudneymiles]

Thanks for the advice, I will take it into consideration as I really don't have money and most people wanted to have more than 4K to start. but like I said my wife is the one who is paying and we are late on everything. if they can find reason (money, asset or anything valuable I will give it all away to my creditor.

where are you? 4k to do a bk ... mmmm that cant be right.. unless your case will be a hard one
2k maybe

[trytosavemyself]

California, orange county. All the attorney here are really expensive.

[aachudneymiles]

California, orange county. All the attorney here are really expensive.

I was thinking cali or ny ... wow thats too much money .. I would have done it myself too.

[trytosavemyself]

Exactly! That is why I file myself. Reason why I didn't file my wife jointly is because I thought that I could spear my wife the embarrassment and just do it myself. I was so glade the first night when those collection company called and I was able to stop their calling but after I told them that I have filed for bankruptcy and they ask for my wife because they said that we are joint community that is when I realize that OMG I need to file for my wife too. I tried to add my wife few couple of days later and realize that we can not add her in so that is why we have filed separately. but the court clerk put her and my trustee together so that trustee knows what's going but apparently not. So that is why I am in this mess and to further mess it up they didn't even look at my amendment for correcting information which answers all of those questions.

[LadynRed]

I'm sorry to say this, but this kind of thing is EXACTLY why you NEED a lawyer. These kinds of mistakes lead to dismissals and then you'll have even bigger problems.

Since you ARE in a community property state, it only makes sense for BOTH of you to file on a joint petition. I believe you're going to come up against a LOT more scrutiny. Since you are in a CP state, that refund your wife is going to get.. the Trustee is going to be looking to grab that. Sounds like you can't afford the house anyway if you're that far behind.

Bottom line.. you need a lawyer. The new law makes it a real minefield for pro se filers.

[FreshLikeADaisy]

Actually, I disagree. I too am pro se, and personally, I think that anyone can file a straightforward Ch7. The problem that TTSM seems to have gotten into was a) trusting a bankruptcy petition preparer to guide them and b) not doing enough research before attempting a pro se Ch7.

Lady, I appreciate your point of view, but there is such a thing as no money at all, which is where I am at. I had $27 in my bank account when I filed. Telling him he needs an attorney when he has already said he's five months behind on the mortgage is not helpful; legal aid is no guarantee as I personally found out, and very hard to get. TTSM -- right this minute -- is in a bind he needs help getting out of, today. Even if he got Legal Aid it would be *extremely* difficult to do in the time frame the trustee has given him, which will eventually result in an automatic dismissal, barring him from filing for another 6 mos, and clearly he can't afford that either. While getting an attorney is certainly the easy and correct answer, he may well just NOT be able to, period.

TTSM, I think that if you cannot afford an attorney, you might want to consider submitting a voluntary petition for dismissal, which is basically where you file a paper with the court that asks the court to dismiss your bk without any kind of penalty or prejudice. If you get a voluntary dismissal, you can refile again as soon as you are ready. If your case is dismissed by the court, you have to wait at least 180 days (6 mos) from the date of your original filing, and if you're filing to stall foreclosure that is obviously not an option. You will have to file a separate petition for your wife, as well, if you decide to use this option.

The Nolo book that aachudneymiles suggested (and I do too!!!) tells you how to write one. If you do this, and the court agrees to the discharge, then you spend the next month or so researching Ch7 to see if you can do it pro se (again, the Nolo book is a huge asset here) and you can even do the papers yourself -- no need for a bankruptcy petition preparer. Quite frankly, the BPP should have told you up front that you needed to already know the answers: he or she is not an attorney and cannot provide you with legal advice.

Your other choice seems to be filing an amended petition, which you can do, but it will be double the work because of the wife's separate filing. And yes, what is deficient on yours will be deficient on hers, too -- ESPECIALLY in a community property state. That she has not yet received a letter doesn't mean hers isn't in the same trouble yours is in.

Whatever you decide, please do two things immediately: get the Nolo book and start reading it, and call the trustee directly and explain the situation honestly. He CANNOT give you legal advice, he is not your attorney, he represents the court, but he CAN tell you whether he would give you more time to get your paperwork together.

You've opened up Pandora's box here, now you will have to work twice as hard to get out of it. BUT IT CAN BE DONE. Don't let anyone discourage you from that. But you will have to WORK at it, by studying the books, downloading the forms, and learning bankruptcy. My very best wishes to you! Good luck!!!

Here's the link to the book: http://www.nolo.com/product.cfm/Obje...51A79/213/161/ (please note I have no affiliation; I am just a very satisfied customer )