Upcoming Debtor's Exam - Filing Ch. 7

[BankruptinSD]

I have a debtors exam that I need to attend on Tuesday. I am unemployed, have absolutely no assets and the only income I have coming in is child support and unemployment. I will be filing for Ch. 7 in approximately 3 weeks as soon as I have all of my paperwork together but my questions are....

When I attend the hearing do I tell them that I will be filing bankruptcy or keep mum about it?

What are the chances that they may attach my bank account even though my income is very limited and it is currently in the negatives?

Thanks for any help or advice you may be able to lend?

[AngelinaCat]

How is it that you are having to attend a Debtor's Exam, and have not yet filed for BK? Is this a 2004(b) exam or what? Knowing this will help us give answers/suggestions.

[BankruptinSD]

How is it that you are having to attend a Debtor's Exam, and have not yet filed for BK? Is this a 2004(b) exam or what? Knowing this will help us give answers/suggestions.

The debtor's exam is for a judgment that was issued against me March of last year in civil court. I was served an "Order to appear for examination" with a huge list of document items that the other attorney is requesting that I bring along. Does that help at all?

[AngelinaCat]

The debtor's exam is for a judgment that was issued against me March of last year in civil court. I was served an "Order to appear for examination" with a huge list of document items that the other attorney is requesting that I bring along. Does that help at all?

Yes, that clarifies it. What you are engaged in is a Discovery process connected to a civil judgment and not the 2004(b) Debtor's Exam that can
take place as part of the bk process.

If I were you--and we did it because we were being sued and about to get slapped with judgments--have your attorney file an emergency Ch7 petition rather than waiting. That stops the process, including this Discovery, if your attorney files the petition by 5:00 PM tomorrow. Then Tuesday, you go to court and take your case number, hand the opposing attorney the paper with your case number on it and wish everyone a Good Day and leave.

Now, you only will have 15 calendar days to file the rest of your petition, and you must get that done or your case will get dismissed and then the Automatic Stay will be gone and the attorneys for the judgment can pick up from where they left off.

Good luck to you !

[seFlaDude]

I have a debtors exam that I need to attend on Tuesday. I am unemployed, have absolutely no assets and the only income I have coming in is child support and unemployment. I will be filing for Ch. 7 in approximately 3 weeks as soon as I have all of my paperwork together but my questions are....

When I attend the hearing do I tell them that I will be filing bankruptcy or keep mum about it?

What are the chances that they may attach my bank account even though my income is very limited and it is currently in the negatives?

Thanks for any help or advice you may be able to lend?

I don't think I would tell them anything about my intentions to file as it may encourage them to quicken the pace to collect something from you, As far as your child support and unemployment you need to check your states exemptions for what is protected from collections, here in Fla both child support and unemployment are protected as long as the funds can be identified as such, the best and safest way to do that is to have a seperate account for each and only deposit funds from each, DO NOT comingle funds as they will no longer be traceable, for example if you open a seperate account for unemployment do not take any money from your current account and deposit it into the new account, just the unemployment checks and keeping check stubs of your deposits for verification of the source of funds, this will also prove handy in your BK filing as those funds may be protected in BK as long as they can be identified.
Hope this helps

[blockhead]

I have a debtors exam that I need to attend on Tuesday. I am unemployed, have absolutely no assets and the only income I have coming in is child support and unemployment. I will be filing for Ch. 7 in approximately 3 weeks as soon as I have all of my paperwork together but my questions are....

When I attend the hearing do I tell them that I will be filing bankruptcy or keep mum about it?

What are the chances that they may attach my bank account even though my income is very limited and it is currently in the negatives?

Thanks for any help or advice you may be able to lend?

Can you go to the court and ask for a continuance on the grounds that you need time to engage an attorney?

[BankruptinSD]

If I were you--and we did it because we were being sued and about to get slapped with judgments--have your attorney file an emergency Ch7 petition rather than waiting. That stops the process, including this Discovery, if your attorney files the petition by 5:00 PM tomorrow. Then Tuesday, you go to court and take your case number, hand the opposing attorney the paper with your case number on it and wish everyone a Good Day and leave.

Good luck to you !

Thanks for the advice. I am actually planning on filing pro se since my case is fairly simple with no assets and minimal debts outside of this judgment. I was hoping to file an emergency petition prior to tomorrow but unfortunately I wasn't able to get it together in time. My plan is to attend the meeting and give as little info as possible and then later this week move forward with the BK filing. Yikes, what a mess! Thank you for your help though....

[BankruptinSD]

I don't think I would tell them anything about my intentions to file as it may encourage them to quicken the pace to collect something from you, As far as your child support and unemployment you need to check your states exemptions for what is protected from collections,
Hope this helps

I know this is a little late in asking but do you know where I could find out if child support is exempt from bank levy's? My concern is that they are going to attach the bank account and the bank will honor it without concern of where the money is coming from that they take out. My ONLY income is unemployment and child support.

I am going to go in tomorrow with very little info and let them do all of the work. I will bring what they are requesting but they will soon find out there is very little, if anything, to take. I despise greedy attorneys!

Thanks for the info!

[BankruptinSD]

Can you go to the court and ask for a continuance on the grounds that you need time to engage an attorney?

I tried to no avail. Unfortunately the civil business office at the court is incredibly unhelpful (and quite rude) to pro se'rs like myself.

[seFlaDude]

I know this is a little late in asking but do you know where I could find out if child support is exempt from bank levy's?

What state are you in? a google search for your states exemptions,

[sablemerle]

I'm assuming you are in South Dakota. Child support and unemployment is exempt from levy.

42. South Dakota Wage Garnishment

Post-judgment wage attachment is specifically authorized by SDCL 21-18-1.

20% of disposable earnings but only for a 60-day period and this 60-day period can be renewed regulary.

Under SDCL 21-19-17, the earnings of the debtor that are immediatey necessary for the support of the debtor and his famiy are exempt from attachment. Exampes include money needed for rent, food, medical expenses, and clothing.

Attend your debtor's exam. Can you prove that all the deposits in the checking account are exempt from levy (all the cash in the account, in your case, is from unemployment and child support)? If so, I would bring your recent bank statements to the debtor's exam.

[sablemerle]

Oooops! Sorry BankruptinSD, my cut-and-paste was cut off. From the same link: http://www.fair-debt-collection.com/...hments.html#42

Aid, such as welfare, social security, and child support, are exempt from attachment.