A couple of questions....

[peters73]

Hi all,

I have 3 questions here and I am new on the forum.

#1 - I am having to amend my schedule F to add some additional creditors. I am wondering if my discharge date gets extended. I am in Southern California with the Riverside District and I guess there's a backlog here.

#2 - Is there a deadline for filing the amendment schedule F? I am ready to send the paperwork to the court and trustee. It's going to take me a while to send the info to the creditors. My amended is dated 4/25 and my discharge date is 6/15.

#3 - What information do I have to send to the creditors for the amendment? I was told (by my paralegal) to send the creditors the following: B-1008, The Mailing List, Summary of Schedules Amended, Statistical Summary of Certain Liabilities and Related Data, Amended Schedule F, The Master Mailing List and the Mailing Matix.

This seems like a lot of documents to send to each creditor. Can you please confirm that I need to send all of these documents to the new creditors?

Thank you,
Peters73.....

[justbroke]

#1 - I am having to amend my schedule F to add some additional creditors. I am wondering if my discharge date gets extended.

It won't extend your discharge date. The discharge is something that happens, almost regardless of other things going on. Now, if you're an asset case, this could "complicate" your case close and the dischargeability of that specific debt, but the earlier you give the creditor "notice", the better so that they could be paid in an asset case.

#2 - Is there a deadline for filing the amendment schedule F? I am ready to send the paperwork to the court and trustee. It's going to take me a while to send the info to the creditors. My amended is dated 4/25 and my discharge date is 6/15.

No deadline, unless the case is an asset case! I don't think there are any problems with that amendment time.

#3 - What information do I have to send to the creditors for the amendment? I was told (by my paralegal) to send the creditors the following: B-1008, The Mailing List, Summary of Schedules Amended, Statistical Summary of Certain Liabilities and Related Data, Amended Schedule F, The Master Mailing List and the Mailing Matix.

Read your LOCAL rules. At a minimum, the rules require that you send the Notice of Bankruptcy, a disclosure of your FULL SSN, and the Claim information. Note that the Notice of Bankruptcy full PDF file contains a standard claim form (Form B10).

I don't know why your Paralegal is telling what is to do. You should call the clerk of the court. Specifically, you should call your case manager and ask a "procedural" question. Ask what is the local rule for adding a creditor to Schedule F.

I can already read where your paralegal messed up, because you also need to file a Certificate of Service indicating that your served the new creditors with the "required" notices and disclosure of the full SSN.

[peters73]

I don't know why your Paralegal is telling what is to do. You should call the clerk of the court. Specifically, you should call your case manager and ask a "procedural" question. Ask what is the local rule for adding a creditor to Schedule F.

I can already read where your paralegal messed up, because you also need to file a Certificate of Service indicating that your served the new creditors with the "required" notices and disclosure of the full SSN.

There is a Certificate of Service that I signed, it's the B-1008. "I here by certify that a copy of the Amendment was mailed to the Trustee and a notice to the Creditors", etc....this form doesn't disclosure my full SS#.

This includes a mailing list of the Creditors.

I will call my clerk and find out what I need to file with them. This seems like it's too much paperwork.

[justbroke]

Ah, California's local form (B-1008). I guess they name it for FRBP 1008. I would certainly check with the clerk to make sure you're following correct procedure.

[peters73]

Ah, California's local form (B-1008). I guess they name it for FRBP 1008. I would certainly check with the clerk to make sure you're following correct procedure.

Yeah but you are correct. This form does not disclose my full SS#. I have to contact my clerk, this is wrong with my paralegal. My paralegal didn't even mention the Notice of Bankruptcy.

[peters73]

My local court stinks because they are so busy. It's like 60 miles from me as well.

I cannot get any infomation from them because they "Can't give out legal advice".

I have already submitted to the court the amended schedule F along with the master/matrix mailing lists.

I haven't sent anything to the creditors. I just don't want to get into any trouble if the creditors say they haven't received anything.

I have tried to read the local rules, there's nothing about this.

http://www.cacb.uscourts.gov/cacb/Welcome.nsf/googlesearchpage?OpenPage

[peters73]

By the way, this is a non-asset case.

[TEW]

You could stop pulling your hair out and lave things as they are.
If you are chapter 7 no asset ALL debt will be discharged even if you forgot to add it to your schedule

[peters73]

You could stop pulling your hair out and lave things as they are.
If you are chapter 7 no asset ALL debt will be discharged even if you forgot to add it to your schedule

LOL! Thanks.

This is a no asset case with no attorney.

So basically, I sent the new creditors to the court via the form 1008-B and the amended schedule F.

The form 1008-B is just saying that I have to notify the creditors and I haven't done that. I would hate to have this thrown out or something.

It's very nerve wacking, lol.

[peters73]

You could stop pulling your hair out and lave things as they are.
If you are chapter 7 no asset ALL debt will be discharged even if you forgot to add it to your schedule

Can you please explain the no asset clause with the chapter 7?

[justbroke]

It's in 11 USC 727 and reads that "[e]xcept as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter". (Emphasis added is mine.)

However, some Districts vary on this slightly. Some Districts require that all the prior debt is scheduled. If you forget to add something, you just re-open your case and file it. Many Districts don't charge the $260 re-opening fee for a person to add a creditor to a Chapter 7 no-asset case, after the case is closed. Other Districts won't allow you to re-open a no-asset Chapter 7 case for the sole purpose of adding a missed creditor as they take the unambiguous statutory language that "all debts" are discharged.

[peters73]

It's in 11 USC 727 and reads that "[e]xcept as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter". (Emphasis added is mine.)

However, some Districts vary on this slightly. Some Districts require that all the prior debt is scheduled. If you forget to add something, you just re-open your case and file it. Many Districts don't charge the $260 re-opening fee for a person to add a creditor to a Chapter 7 no-asset case, after the case is closed. Other Districts won't allow you to re-open a no-asset Chapter 7 case for the sole purpose of adding a missed creditor as they take the unambiguous statutory language that "all debts" are discharged.

Ok, before the date of the order meaning the Dishcharge Date?

Since I amended my schedule F with the court, I should be ok then.

[justbroke]

Ok, before the date of the order meaning the Dishcharge Date?

No, the order of relief, which is the petition date.

Since I amended my schedule F with the court, I should be ok then.

Yes.

[peters73]

Paralegals, my additional debt are payday loans. I didn't know that I could file on the loans and I had a horrible time obtaining all of the information of them (reason for the amend). My paralegal is still saying I have to send the info in question #3 from above. I don't want to send that info to these them, I don't trust them. If anything, maybe the Form B10 & the notice of the original Bankruptcy. My meeting of the creditors is done and I told the trustee about the loans at the meeting. It's a non-asset chapter 7 so I really don't have to send them anything, lol. They will just get the discharge notification.

Thank you everyone for your help!!

[justbroke]

Call the Clerk. As a matter of fact, call your specific case manager and preface any question with "I have a procedural question". Then ask "what's the procedure to... amend a schedule?". Do it right.

You are too paranoid. Your entire case is public record. Almost all "sophisticated" creditors have direct PACER access. I talked to two creditors in the past 3 weeks and they pulled up PACER while I was on the phone... so I could point out which document was the correct Order.