Should I ammend?

[Priceless ProSe]

I guess alot of people have this question, its kinda a case by case thing.

I have a judgement against me by a lawyer who is attempting to collect an old credit card debt. The credit card was a charge off from 5 years ago, and the judgement was awarded to the lawyer in 2005 for about 2k. I included both the original creditor and the lawyer in my schedule F. Under the lawyer I made a note of the original account number as well as the fact he had been awarded judgement in 2005, but i do not have a case #. I did not include the court in the schedule F or mailing matrix.

1) Is it important that I go back and ammend in order to add the court and/or case number, or will merely asking the court to vacate judgement post discharge be sufficient?

Next, I have a "Paypal" account which i used regularly a few years ago to buy/sell on ebay. I have not used the account regularly in the last year, it draws no interest and has a balance of $2.50, it has not had a balance of more than 100 dollars in the past year. I totally forgot about it when filling out my BK. The reason it worries me is that I had income in 2005-2006 of about 20k from buying and selling electronics on ebay/classifieds/etc., so if the trustee asks for records these will be a big part of my records.

2) This question almost answers itself but, should I ammend for this?

The clerk at the cental california office said to ammend the entire schedule and send it to them along with payment if I decide to ammend. I might send a copy to the UST to be on the safe side as well.

[Help!]

If the 2006 income was reported on your return filed in 2007, I would definitely amend it. Better to set the tone that you have nothing to hide at this point rather than explain later.

[Priceless ProSe]

I think your right, I will ammend this week when I have time.

The 2007 tax returns are not mandatory right? I mean I know I should bring them with me to the 341 but I didnt submit them, only my 2008 so far. Im afraid some small thing like this is gonna get my case dismissed, wouldnt reccomend prose. But then again, the one lawyer I did talk to wasnt too cool, and it seemed like his entire fee was just for letting his secratary type up my petition.

What about amending the schedule of creditors? Do I need to include the court where the guy got the judgement?

[Help!]

Our lawyer said we only needed one year's tax returns, but the UST asked for two. I would list the PayPal account as I would a bank account and bring a printout of the balance the day you filed to your 341. I would include whoever it is that was awarded the judgment (do you know who the lawyer was representing?) on the creditors matrix also. I'm not a lawyer, but I do know that anyone you owe money to must be included on the matrix. I would try to track down the details of the judgment and have these on hand at your 341.

[danaf]

I would amend too. The paypal account isn't a big deal so amending that is purely for accuracy. The collection lawyer/judgement - amending that is very important so that your bk protects you from their collections in the future.

I had to amend my matrix as well (somehow I got some addresses mixed up - duh!). Anyway - the deal with amending your creditor matrix is that you have to send the creditors (the new ones or amended ones) a copy of the amended matrix along with a copy of the notice you've received from the bk office about your filing. And for good measure - make sure you send it certified with proof of receipt, and then for extra good measure - if you send it out on the same day you file the amendments with the courts, you can file a 'Statement Concerning the Mailing of the Amended Creditor Matrix with the attachments you mailed'. Maybe it's overkill, but that's exactly what I did (on recommendation from the bk office. That is one good thing about where I am, the bk office is very informative & helpful). And be prepared that you may be asked why you filed amendments. Just be honest and all will be fine.

I'm guessing that your trustee didn't send you a request for paperwork. So, if you want to be really prepared (just in case), I'd bring copies of your last 3 yrs of tax returns, copies of last 6 mos bank statements, copies of titles to your vehicle, if you have one plus proof of insurance, copies of titles to any other real property, copies of your paystubs (although you should have had to file those), copies of 401ks or iras, and if you withdrew $600 or more from any bank account within 90 days of filing - backup for where that money went. Also - if you received your tax refund & stimulus and spent them already - copies of receipts on what you spend them on would be good....otherwise, be prepared that they will probably ask you to fork that money over when you receive. (but you do not have to send a copy to the trustee and I wouldn't - they will know you filed an amendment)

Is this a lot? Yep. My trustee sent me a request ahead of the 341 for all of this plus more. (These items weren't filed with the court - I mailed them directly to the trustee's office for review and she will most likely round can them when she is done.) Doesn't mean your trustee will want the same But if you have this stuff and the trustee asks your for it, you can give it to him/her right there on the spot and hopefully it will speed things up for you insofar as them declaring you a no asset. And if they don't ask for it - even better, but at least you were prepared and no harm done except the cost of making copies.

I hope this information helps you. DanaF

[AngelinaCat]

We had to provide copies of our 2005 and 2006 tax returns, and a copy of the 2007 as soon as we got it, which we did. We owe huge amounts to the IRS for all 3 years.

Our Stimulus check got applied to the 2007 tax, the notice of which we mailed directly to the Trustee.

[Priceless ProSe]

Very helpful stuff. Got my tax refund the first week of february and stimulus check right when they started sending them out, both are long gone. But seeing how the money went through the bank hopefully the statements alone will be enough to track the money. If the trustees main concern is to make sure im not hiding something I will take a picture (with a camera I dont have) of me sleeping in my car on school days!

I have never been good at keeping recipts. Funny thing is, I didnt even think I could file bankruptcy until about two weeks before I did it. A freind of mine told me they changed the laws so only medical bills could be discharged and I had no reason to question this. Luckily when we knew things were goin bad for us last year we closed all our credit accounts and kept making payments, we were hoping to pay them off one day. Then in may my wife loses her job, some zero interest cards turn into a bunch of interest cards, viola! Bankruptcy.

Very last question, my phone number has changed, would it annoy the trustee is i mailed her with my new one (or called?)

I really appreciate that list, I will work on gettin all that stuff together.

[danaf]

No - I wouldn't bother the trustee with this detail. Just amend the page that has your number on it.