A Few Questions About Trustees & Schedule C

[DL78]

I just helped someone fill out their bankruptcy forms, and I have a few questions. Any help would be much appreciated. My first question is when will the person who filed bankruptcy know anything? She turned in the necessary paperwork, but the clerk was rude and acted like he didn't want to answer any questions. All that she got was a stamped copy of her bankruptcy forms. What happens next? Is she suppose to get something in the mail? A phone call? She wasn't told anything or handed any papers with what happens next or any other information, so we are both unsure of exactly what happens next.

Next, I was going over her paperwork, and it looks like you are actually suppose to write down exempt property on Schedule C. I just assumed that they (the bankruptcy court) would look at Schedule B and all property under a certain amount would automatically be exempt (I thought Schedule C was for exempt property over a certain $ value limit). In turn, I had her write down "None" . Would amending Schedule C be neccessary? Thanks, and any help would be appreciated, as I have already tried using search.

EDIT: Looking at the copy forms, and I noticed a sticker that has "341" and a date (that the clerk never pointed out). I take it that this is the 341 date. There is no location listed, so I'm going to assume that this is located at the bankruptcy court she filed at.

[kartoons19]

About a week after filing, I received a letter from the court with the 341 date, location and trustee's name on it. You can also sign on the Pacer and get that information sooner. If you're not familiar with Pacer do a search on this forum as there is plenty of information on it. Good luck.

[ccsjoe]

Once you find out who the trustee is, yes, ask about amending Schedule C. You are supposed to list ALL exempted property and the code section which exempts it. You will very likely have to amend.

[DL78]

Much appreciated. Thanks.

[despritfreya]

DL78,

1. The clerk did not answer questions as the clerk cannot give legal advice and answering questions could be deemed giving legal advice. A pro se debtor is presumed to know and understand the law.

2. The Trustee is not permitted to give legal advice therefore you most likely will not get an answer to the Schedule C exemption question. Again, it is presumed that a pro se debtor knows the law.

3. Schedule C is not filed out by the clerk. It is the debtor's responsibility to make sure the Statements and Schedules are filled out properly. If Schedule C does not properly declare exemptions then the debtor will not be able to claim exemptions and, theoretically, all of the property owned by the debtor will be taken and liquidated by the Trustee. As a result an amendment needs to be done as quickly as possible.

[DL78]

I totally understood that when we were there. However, the guy was just rude. When he told said girl to make a change, and I went up to the counter to explain what she needed to do, he told me to sit down and let her figure it out. I didn't attempt to ask him any legal questions or questions about the forms. I simply asked him if she was going to get something mailed or a phone call with what to do next, but yeah, I can see where you are coming from. And to everyone who responded, thanks for the help.

DL78,

1. The clerk did not answer questions as the clerk cannot give legal advice and answering questions could be deemed giving legal advice. A pro se debtor is presumed to know and understand the law.

2. The Trustee is not permitted to give legal advice therefore you most likely will not get an answer to the Schedule C exemption question. Again, it is presumed that a pro se debtor knows the law.

3. Schedule C is not filed out by the clerk. It is the debtor's responsibility to make sure the Statements and Schedules are filled out properly. If Schedule C does not properly declare exemptions then the debtor will not be able to claim exemptions and, theoretically, all of the property owned by the debtor will be taken and liquidated by the Trustee. As a result an amendment needs to be done as quickly as possible.

[despritfreya]

Well there is never an excuse for rudeness.