PACER? what and how do I find it?????

[cmachk]

I posted on here once before with a ? regarding my vehicle if I decided to file bk. Hubby and I live in Germany but our home of record is Co. He is stationed in afghanistan and I am back and forth from Co. to Germany. We filed a 13 once before and because we pcs'd to Germany with the lack of communication from our attorney to the courts our case was dismissed becase we missed the 341 meeting being as we were across the world. I then decided to file pro se this year on 11-2-05 just barely got it in before the deadline. I will be honest I have NO CLUE what I am doing and about schedules and exemptions ect..... Our case was accepted and we have a court date of dec 14th. Hubby will still be in Afghanistan and they said I still have to appear and then when he returns to the states he will appear. Until he appears the case will NOT be dismissed, grrrrrrrrrrrrrr My question is about our truck amongst other things. Since we are "techincally" living in Germany all of our household goods including our truck are also in Germany. We have a large family hubby myself and 4 kids. Our truck is a 98 expedition with 150000 miles on it. We just took out an amy loan for 7000 to fix the transmission and now the heating coil is broken....... I really want to get rid of this truck but am afraid we wont be able to get another vehicle like it which we dearly need because of the size of our family. Will they come to Germany to get the truck or wait until we are returned via the army to the states? Also....... everyone keeps talking about a pacer? Is there anyway for me to look up the pacer online to see if we are on it? I originally had a 341 date of nov 14 and called the trustee explained that we were in Germany and that I would not be able to make it back that soon for the hearing therefore they extended it for me and said they would mail the correct papers for me to sign for that and the fact that hubby is overseas I would haveto sign some papers for that also. I know its going to be difficult with him being away but I HAD to get it in before the deadline and could fine NO atty that would take the case with us being overseas. I had no choice but to file pro se or face the new laws. What do I need to bring to court with me? We have NO property or anything thats worth a dime and I dont know what they could possible want to see or take from us. We were told by the original atty that filing bk would improve our credit. I originally wanted to file a 7 but the atty said because (at that time) he was in Iraq that it would be better if we filed the 13 until he returned home and then convert to a 7 well not only did we not convert he got the damn thing dismissed....... Any advice or help or anything would be greatly appreciated as I have NO CLUE what I am up against in all of this. My sis n law also filed in Co pro se and said it was a breeze two minutes and she was done but she is single and hers was pretty cut and dry. Btw 2 months after she filed she went and got a brand new toyota (little one) from the toyota dealer for 13%.

[bkfiler]

imo i would use an attorney. if things go wrong then its a bad problem. they are free to consult with. keep going until you find one you like and seems helpful to all your questions. i wouldnt file pro se even if i filed a bk again in 8 years.

[cmachk]

o no

I have called what seems to be every atty in the state of Co. and because we are in Germany noone wanted to take the case. Because I already filed and have a hearing date isnt it to late to get an atty anyways, even if I didn by some miracle find one that would represent us?

[cmachk]

any more suggestions?

anyone have any more suggestions

[Minnymouth]

You didn't say whether you owned property in Co or not. If you don't, and all you are concerned about is the vehicle, don't sweat the vehicle situation.
Since you are out of the country, finding difficulty making arrangements to file here and appear in court. Do nothing, till you get back in the states. The file!!
If you have no assets (property) then the new laws will only affect you by possibly putting you into a Chapter 13, depending on income.
Under the new laws it will be harder for someone to file a Chapter 7.
Me, being an old military brat, if I was overseas right now this is what I would do....just my opinion only!

1. Wait and file when I get back in the states.
2. If they want the vehicle - let them repo - come and get it. Nobody says you have to take it too them if your in Germany.
3. Trying to file pro se from overseas can be very difficult because you don't have access to all paperwork, can't go to the courthouse, etc.
4. Any judgements against you can be included in the
bankruptcy after you get back in the states.
5. A bankruptcy really hurts your credit - and a judgement can be taken care of in bankruptcy.

If you do own a home in Co. they cannot foreclose as long as your husband is overseas. There are people on base that help you with this.

Hope this helps,

Just my thoughts,

Minny

[Minnymouth]

I would just let the case get dismissed again and file when I got back to the states.

Minny

[Minnymouth]

To check out pacer just key "pacer" under search on this forum and it will give you all info on pacer and the web address for it also

Minny

[quest42]

Pacer homepage is found at www.pacer.uscourts.gov -- each district has their own part of that system, but you should find all of them from that URL.

Good luck, hope this turns out OK for you. Usually, your trustee tells you what they want you to bring, depends on your case. Everyone must have photo ID (Drivers licence...) and evidence of Social Security Number. Some people are asked for bank statements (6 mos?), W2, tax returns (1 or 2 years, sometimes more), vehicle title and registration, evidence of insurance... lookup "341 meeting" here and you will find lots of variations!

[cmachk]

thank you

Thanks for the info I truly appreciate it. I already have a date for 341 of Dec 14th. We have been trying to do a bk for two years now and hubby is ALWAYS gone. This seems to be the way to do it and I hate to let this one dismiss and start AlL over again and not even be sure he will be home for the next one.
Thanks!