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Got My Predraft Papers Now What?

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    Got My Predraft Papers Now What?

    I got my predraft papers in the mail today...

    Unfortunantly as I was going over it I found I have to change alot of things.

    First I lost my job and have no income. I called them and told them, but they got a main corporate and I never talk to the same people.

    Then I got to tell them I changed banks and give 'em my new information.

    I also got to add 1 more creditor.

    Plus they gave me the info for the debt management class..I hear it's a big joke.

    So when do I the actual signing of the petition, is it after I do the class?

    And how long do I have to actually file my petition?

    #2
    Originally posted by nick09 View Post
    I got my predraft papers in the mail today...Unfortunantly as I was going over it I found I have to change alot of things.
    Excellent to catch issues before filing, so it's good you went over your forms carefully.

    First I lost my job and have no income. I called them and told them, but they got a main corporate and I never talk to the same people.
    This is a common issue when filers use a large bankrupty mill. However, since the forms reflect a six-month lookback to file, if you are already under the median, being a little more under the median won't change the ability to file Ch 7 and have your unsecured debts and any surrendered secured asset debts wiped out.

    When did you lose your job?

    Then I got to tell them I changed banks and give 'em my new information.
    Yes, all accounts at all banking institutions need to be listed on your filing forms.

    I also got to add 1 more creditor.
    A common thing - no worries -you haven't filed yet.

    Plus they gave me the info for the debt management class..I hear it's a big joke.
    You have to take TWO classes - one before filing and one after. It's very important that you've already taken the 'before filing' class - have you?

    And yes, the post-filing class is a joke for most filers, although some who have never budgeted before find it useful. It doesn't matter in the long run what you think of it - the post-filing class is required and has to be done. Just get it over with before your discharge. Most folks get it done right after their 341.

    So when do I the actual signing of the petition, is it after I do the class?
    You sign the petition when it reflects everything you've mentioned above, and then your lawyer files it with the court. As to when you take the post-filing debt management class, as I said, most folks do it after their 341.

    Some local courts ask that the post-filing class be done within 45 days of filing, but the law itself sets no time limit on when it has to be done as long as it's done and filed with the court before your discharge.

    And how long do I have to actually file my petition?
    The one constraint about filing is that it be done within 180 days of taking your PRE-filing class. If your pre-filing class 6-month timeframe goes by and you haven't filed yet, then you'll have to take the PRE-filing class over again before you can file. Otherwise, you tell your lawyer to file your forms when they accurately reflect your financial status on the day of filing.
    Last edited by lrprn; 07-25-2009, 06:24 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Originally posted by nick09 View Post
      So when do I the actual signing of the petition, is it after I do the class?
      After the prebankruptcy class since you need the certificate from it.

      Comment


        #4
        Thanks...

        I lost my job on June 6 2009....

        I only got $400 to my name and I believe I got a no asset case...

        And I don't see myself being hired due to this...I rather have it all settled before I go get another job if I can

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