Need some advice

[Help!]

Hello,

I am planning on listing a bank as a creditor. I need my bank statments to file but the bank won't release them until I pay them.... Can the trustee compel them to release my bank statements?

thanks..

A bank where you have savings/checking type accounts or a CC account? Either way, yes, the trustee can get those (although it's not that easy for them, either, according to our trustee's assistant). There is that requirement of submitting bank statements showing the period of the date you filed, but you have a very good reason for not providing them. If it's a branch, I'd go in personally and request them. If they refuse, I'd ask for the branch manager. If the branch manager refuses, I would take down their name, write down the date and time that your conversation took place and bring those notes to my 341 hearing.

[uwlaw5856]

Thanks for the help..You guys are awesome!

[myprime]

Thanks Fresh like a Daisy,

been so busy trying to make a few bucks by selling cars I havent checked back here in a few weeks.

I turned in my debtors education completion certificates the other day and they told me i am scheduled for my court hearing (and hopefully discharge) on August 20th. So far this has been going pretty smooth....

Fresh, On filing to for the garnished funds, its about $900 so its probably worth it. can I do this after discharge? i really dont want to do anything to disturb the process. or piss the trustee off can he really just keep the money if no creditor lays claim to it?

Also can I add additional creditors after discharge?

thanks always
Myprime

[FreshLikeADaisy]

Thanks Fresh like a Daisy,

been so busy trying to make a few bucks by selling cars I havent checked back here in a few weeks.

I turned in my debtors education completion certificates the other day and they told me i am scheduled for my court hearing (and hopefully discharge) on August 20th. So far this has been going pretty smooth....

Fresh, On filing to for the garnished funds, its about $900 so its probably worth it. can I do this after discharge? i really dont want to do anything to disturb the process. or piss the trustee off can he really just keep the money if no creditor lays claim to it?

Also can I add additional creditors after discharge?

thanks always
Myprime

Hey Myprime, I'm glad things are going well for you!

You really, really, really want to make sure that ALL your creditors are as accurately listed on your matrix PRIOR to discharge -- preferably, prior to filing. While it is often true that in a no-asset Ch7 non-notification of a creditor prior to discharge wil not open you up to lawsuits later, it is not always true. Even though most post-discharge lawsuits in this scenario are negated by the fact that in a no-asset Ch7 there would have been no assets to distribute even if that creditor had been notified, keep in mind that if you are knowingly not notifying a creditor of your bk, you are depriving them of due process and it can become a fraud/perjury issue. If this unlisted creditor were to pull your credit bureau, they would see two things immediately: that you filed Ch7, and that you failed to notify them. Not good; it could end up being a hassle.

So if you know of any creditors that were not notified, submit an amended matrix ASAP. There is a $26 filing fee for amending your matrix, but it's well worth it.

As far as submitting an amendment to get those garnished funds back, there is no filing fee for that, and no, it won't piss off the trustee. It's a routine act that you have every right to do, and he's not going to care beyond ensuring that you actually do have exemption dollars to cover that particular asset. But again, the sooner the better. Do it as soon as possible.

Also, be advised that your 341 hearing is not immediately prior to your discharge, or even on the same day as your discharge. You receive a discharge 60 days AFTER your 341 meeting, so that your creditors have a chance to enter an objection to the discharge of your debt. Another reason to go ahead and amend your matrix now.

Good luck!!!

[myprime]

thanks for the quick reply,

my meeting with the trustee already took place on june 19th, so am i correct in the assumption that the aug 20th date they gave me is when i should recieve my discharge?

the creditors i wanted to possible add, I owe them nothing and have no personal liability with. my LLC has soom business obligations and my accountant suggested I add them to my matrics, just in case they try to come after me later. If I add them now, will it delay the discharge? same thing if i add the garnished asset?

myprime

[FreshLikeADaisy]

Thanks for clarifying that, Myprime.

If your 341 took place on June 19, then yes, August 20 would be your expected date of discharge. But your post said "court hearing" on August 20, and for most people that's the 341... I'm at a loss to know what your court hearing is for on the 20th.

Your atty had a great idea, as far as adding these creditors to your matrix *just in case*. Not necessary, but a good idea. If you do this (and you probably should ) you MUST do it prior to discharge. It should not delay your discharge at all. Neither should the amended schedules B & C for the garnished funds, but... do it now!!!

Since you do have an atty, he should be able to advise you on the exact process involved in submitting your amendments, and what the likely timetable involved is. Don't hesitate to ask, because he has a much better knowledge of your particular district's practices and turnaround time than I do.

Good luck!!!

[myprime]

my accountant made the suggestion I did this without an attorny, couldnt afford one. yes the 20th is the scheduled discharge date, so i need to act fast to get those amendments in.

I have to say that I used the services of www.easybkservices.com, at first i was kind of skeptical of them, but went ahead with them. for $129 they had a very simple user interface where i just keyed in my info, bills and debts and when i was done, they prepared my documents perfect, even the clerk mentioned how good they were. and i used credit.org (springboard) for my pre and post courses. its hard to believe this mess is almost over

thanks