top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Signed papers today, suspect there are several errors?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Signed papers today, suspect there are several errors?

    Hello. I signed papers today to file Chapter 7. In reviewing the papers this evening, I found what appears to be several mistakes. This is a little shocking to me, as this attorney came highly recommended. I'm no attorney, so maybe they aren't mistakes, but I thought I'd get the opinions of the good people of this forum.

    On my Schedule J, I am concerned that my attorney listed my 401k loan repayment as a deduction from my paycheck (so, an expense), and I have read several times in this forum that 401k loan repayments aren't valid expenses on the Schedule J. I would hate for the trustee to throw that out as a valid expense and decide that money is disposable income. Opinions?

    Also on my Schedule J, for Transportation, my attorney listed $432. That line specifically states "Transportation (not including car payments)." The figure I turned in for gasoline and car maintenance was $250 per month. My car payment is $362 per month. So this $432 figure is NOT my car payment, maintenance and gasoline cost all rolled into one. Even more worrisome is a few lines below this, there is a line for Installment Payments, and specifically a line for Auto, and the amount recorded here is $0. Thoughts?

    Lastly, I am worried about my new landlord (a big property management company) receiving notification of my filing. The property management company is VERY bankruptcy UNfriendly. They do not allow bankruptcy in the three years prior to your rental application. I am current on my rent, and I plan to live in this home for many years to come, so I am not looking to break my lease. Anyway, to get to the point, there is a section called "Statement of Financial Affairs," and in this section you must list creditors to whom you have paid an excess of $600 in the previous 90 days. My landlord is listed here, as well as my kids' daycare center (as is my bank through which I have my car financed, but I'm much less concerned with that). Should the landlord and daycare center be listed? It specifically states to "list all payments on loans, installment purchases of goods or services, and other debts to an creditor made within 90 days....etc...." Does rent or daycare payments belong here? Can the trustee seek recovery of those funds to distribute them to creditors?

    I am in the Southern District of Illinois if that affects anything.

    Thank you for answering my stupid questions!

    #2
    i am not an expert, but if you have been current on your rent, then i don't think your landlord is a creditor, and i don't think the $600 limit applies to rent. i think the same goes to the daycare center. these payments should certainly be included in your monthly expenses, but not anywhere else.

    about the 401k, somebody else maybe knows the rules about it, i don't.

    the thing with the auto payments seems strange.

    why not ask your attorney about these things before s/he files?
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

    Comment


      #3
      Thanks for your reply. I certainly plan to contact my attorney first thing tomorrow morning, as I am scheduled to actually file next Tuesday. I just wanted to make sure my worries are founded, as I know I am over-thinking many aspects of this. But it worries me to have my landlord and daycare center listed in the section mentioned, as well as having an expense that could potentially be thrown out and a valid car payment missing!

      Comment


        #4
        Stressedmom. As you signed, it is a statement that at the 341 you will be asked (under oath) if it was correct. Any question, address your lawyer. Now, some of them really are poetically licensed in some of your expenses. This is not bad, as they possibly know that your car expenses are more than just gas. They have a "normal" idea of what to put down. If he assures you everything is in order, then you can id honest testimony state you have read and agree. (After all, you are paying for an expert).

        About the rent. Don't worry, in this economy, they don't want to lose a renter. You will do fine. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Originally posted by StressedMom View Post
          Thanks for your reply. I certainly plan to contact my attorney first thing tomorrow morning, as I am scheduled to actually file next Tuesday. I just wanted to make sure my worries are founded, as I know I am over-thinking many aspects of this. But it worries me to have my landlord and daycare center listed in the section mentioned, as well as having an expense that could potentially be thrown out and a valid car payment missing!
          I had several mistakes as well. Some were mine. As long as the mistakes are on pages without a signature you wont even have to visit the office. They can pdf the revisions over for approval.
          No Asset 7 closed 11/09

          Comment


            #6
            Whether you owe money or not, if you currently have a lease, the landlord will be notified.

            Okay, now I looked at my Schedule J and at question [8.] the lawyer listed about $200 for generic expenses including fuel etc. Under [13.] (a.) Auto he listed the car payment of about $320
            My comments are solely based on my opinion. The information and links that I have
            posted are provided solely for informational purposes, and do not constitute legal advice

            Comment


              #7
              Originally posted by shabam View Post
              Whether you owe money or not, if you currently have a lease, the landlord will be notified.
              How do you figure? If they aren't on the matrix, how would they possibly know unless they did a credit pull?

              Comment


                #8
                Originally posted by bkmaggster View Post
                How do you figure? If they aren't on the matrix, how would they possibly know unless they did a credit pull?
                An unexpired lease must be listed under Schedule G.

                Therefore, they were added to the matrix. Unfortunately I learned about this the hard way.
                Last edited by shabam; 09-09-2009, 07:29 PM.
                My comments are solely based on my opinion. The information and links that I have
                posted are provided solely for informational purposes, and do not constitute legal advice

                Comment


                  #9
                  Originally posted by shabam View Post
                  An unexpired lease must be listed under Schedule G.

                  Therefore, they were added to the matrix. Unfortunately I learned about this the hard way.
                  There was another thread about whether to inform the landlord or not of one's BK. Are you saying unexpired leases must be listed under Sch G? Now I am confused. I am gonna have a copy of the lease for validity just in case the TT questions my legal residence at my 341.
                  Chapter 13 filer since Feb. 2018 under a 60 months payment plan
                  Please think positive and do not give up!

                  Comment


                    #10
                    Originally posted by ForumReader View Post
                    There was another thread about whether to inform the landlord or not of one's BK. Are you saying unexpired leases must be listed under Sch G? Now I am confused. I am gonna have a copy of the lease for validity just in case the TT questions my legal residence at my 341.
                    Yes, If you have a lease of any sort (rental etc) you have to list it under schedule G of your petition. Even if your landlord is not a creditor, as in you are up to date with the payments, they will be included in your creditor matrix.
                    My comments are solely based on my opinion. The information and links that I have
                    posted are provided solely for informational purposes, and do not constitute legal advice

                    Comment


                      #11
                      Originally posted by shabam View Post
                      Yes, If you have a lease of any sort (rental etc) you have to list it under schedule G of your petition. Even if your landlord is not a creditor, as in you are up to date with the payments, they will be included in your creditor matrix.
                      Just because someone is on your schedules does not mean they are on the matrix. The matrix is separate.

                      Comment


                        #12
                        Originally posted by bkmaggster View Post
                        Just because someone is on your schedules does not mean they are on the matrix. The matrix is separate.
                        Every district has their own rules but from most examples I have seen here, including my own experience, any person listed on Schedule D > H will be notified.
                        My comments are solely based on my opinion. The information and links that I have
                        posted are provided solely for informational purposes, and do not constitute legal advice

                        Comment


                          #13
                          Originally posted by shabam View Post
                          Every district has their own rules but from most examples I have seen here, including my own experience, any person listed on Schedule D > H will be notified.
                          As far as I know, the only people notified were those included on my matrix.

                          It is interesting to see how different things are by district!

                          Comment


                            #14
                            Originally posted by bkmaggster View Post
                            As far as I know, the only people notified were those included on my matrix.

                            It is interesting to see how different things are by district!
                            Well you are right. If your landlord is not included in your schedules, they will not be notified.

                            Schedule G clearly states that all unexpired leases of real or personal property must be listed. Which means if you have a lease agreement for a place that has not expired at the date of filing, it must be included. Anyone listed under schedule G, will be also listed in the matrix. Remember, we sign off that the matrix is correct.
                            My comments are solely based on my opinion. The information and links that I have
                            posted are provided solely for informational purposes, and do not constitute legal advice

                            Comment


                              #15
                              Originally posted by shabam View Post
                              Anyone listed under schedule G, will be also listed in the matrix.
                              My property management company was included on schedule G and not included on the matrix, based on advice I read on this forum. So what you put on the schedule is not automatically on the matrix. Whether that was the right thing to do?...too late now.

                              Remember, we sign off that the matrix is correct.
                              I can't find this in my paperwork anywhere. Can you direct me to the correct place?

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X