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2 questions re: SofI - pls tell me I didn't screw up!

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    2 questions re: SofI - pls tell me I didn't screw up!

    Okay, so I filed my bk paperwork on Friday. It included the Statement of Intention. I planned to mail off the copies of the Statement to the two creditors on it and the trustee tomorrow. I know I need to have someone else do it and sign a Proof of Service by Mail.

    Do I need to have an actual person's name to mail the SofI's to at the two banks? What if they provide me a different mailing address than the one I indicated on Schedule D?

    So I followed Nolo's instructions and included the SofI with the filing; then tonight I was going over all my stuff again and lo and behold I found a note I had made concerning the Federal Rules of Bankrutpcy Procedure Rule 1007(b)(2) which states the Statement of Intention must be served to the creditors listed within it on or before the date of filing the Statement with the court.

    So according to that, I should have filed my papers without the SofI, served the SofI on the creditors and the trustee, then filed it with the court. But I didn't do that. I don't see how this can be a huge problem but I'm so freaking worried about something going wrong somewhere and our case getting dismissed because of some stupid paperwork error.

    Is my filing the SofI first, before serving it to the creditors, going to come back and hurt us somehow?
    1/22/10 - filed Chapter 7 pro se
    3/2/10 - 341 meeting
    5/6/10 - discharged and case closed

    #2
    I don't know the answers to most of your questions, but I too, filed my Statement of Intention with the original petition. I just looked at a lawyer's website and they state you have 30 days from the date of the original filing to serve/file your SoI. I screwed that up (like I've screwed most everything up in this case...) and served the SoI on Ford Credit a full 2 weeks after I filed the document with the court. I don't think Ford will mind though (I had already called their BK dept. the day after I filed, and they were able to look up my SoI on the computer while I was on the phone). They said "just keep paying like you have been, and everything will be fine". I hope so.

    I'm sure if anyone gets dismissed for paperwork errors, it'll be me.
    11/09 - Ran out of money - 1/4/10 - Filed Chapter 7 (Pro-Se) - 2/16/10 - 341 Meeting -6/17/10 - Reaffirmation hearing (auto) - DISCHARGED 7/6/10m CLOSED 7/26/10

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      #3
      HG - you have Ford Credit for a vehicle? Are you surrendering or reaffirming?

      I only ask because Ford Credit is one of those lenders, along with Chrystler, that does not allow a ride through. Check this link for the 9th district allowing Ford to repo a car that is current on payments because there was no reaffirmation agreement filed with the court: http://www.pillsburylaw.com/siteFile...8C4750FCE8.pdf or look at http://www.ca9.uscourts.gov/datastor...5/08-60002.pdf

      I don't know your district, but Ford and Chrystler have a reputation nationwide for taking back vehicles that have not been reaffirmed even when the payments are current. Check with your attorney. If you do not have an attorney, check the cases in your district or google Ford Credit and ride through.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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        #4
        StartingOver08 - Yes. It's Ford Credit. I've heard the rumors about them taking back vehicles. I am going to attempt to reaffirm, although my Schedules I and J put me at <$75> dmi, so not clear how a judge will look at that.

        At this point, I'm just not going to worry about it. I have no money (filing pro-se). I can't pay my bills. If I lose the car... well, I live near a bus stop. (and not having a $246 car payment plus a $100 insurance payment each month - I can save up quickly for a little clunker - and it will be all mine.)
        11/09 - Ran out of money - 1/4/10 - Filed Chapter 7 (Pro-Se) - 2/16/10 - 341 Meeting -6/17/10 - Reaffirmation hearing (auto) - DISCHARGED 7/6/10m CLOSED 7/26/10

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