few questions about chpt 7

[gdddd106]

So if The court filled it on the 26th at noon why am I still recieving calls from creditors The 28th?

[IamOld]

gddd - some large (LARGE) creditors do get notice electronically - many however do not...so it takes at least (from my experience) and what my atty says - about 2 weeks for everyone to get "settled." If you want, you can answer the phone, tell them you filed, give them your case # and atty name & number and if they call AFTER that...it's a stay violation!!!

[gdddd106]

gddd - some large (LARGE) creditors do get notice electronically - many however do not...so it takes at least (from my experience) and what my atty says - about 2 weeks for everyone to get "settled." If you want, you can answer the phone, tell them you filed, give them your case # and atty name & number and if they call AFTER that...it's a stay violation!!!

yeah most seem to stopped. I still get GE Money and Sallie Mae. I know Sallie Mae really isn't discharable without hardship but the automatic stay should still stop them from calling from what I understand. Hope by the end of the week they all stop calling.

[debee]

yeah most seem to stopped. I still get GE Money and Sallie Mae. I know Sallie Mae really isn't discharable without hardship but the automatic stay should still stop them from calling from what I understand. Hope by the end of the week they all stop calling.

Since you filed pro se, you're acting as your own attorney and creditors can still call you for information.

[gdddd106]

Since you filed pro se, you're acting as your own attorney and creditors can still call you for information.

Even with a number not listed on my petition?

Also, should I send a letter to the creditors informing them of the case # and telephone # to contact me at. Or is that pointless?

[justbroke]

Even with a number not listed on my petition?

Also, should I send a letter to the creditors informing them of the case # and telephone # to contact me at. Or is that pointless?

That is pointless. The truth is that you are indeed the ATTORNEY OF RECORD. However, the creditor should not be attempting to collect a debt or demanding payment. The creditor (usually through their attorney!) can call to discuss issues with dischargeability, your desire to reaffirm a debt, or other things related specifically to you receiving a discharge. They can't call to collect! (Didn't I already write that? It was worth repeating.)

I had only ONE creditor attorney call me. They only called about a reaffirmation and that was that. I would have informed the creditor about the case, provided the number, and indicated that I am the attorney of record. I would not allow them to "attempt to collect" the debt at all. I would sternly warn them.

[debee]

Even with a number not listed on my petition?

Also, should I send a letter to the creditors informing them of the case # and telephone # to contact me at. Or is that pointless?

They can call for information as I said earlier, but not collection (as jb explained more fully).

If they're calling you on a number not listed on your petition, then it sounds like collection activity from people who don't know yet that you've filed. Once you tell them that you've filed (and give them your case number), they should stop calling. If they don't, they're in violation. What to do next?

If they call back after they've been informed that you filed, a gun-for-hire would normally send a warning letter. If they kept the calls up after that, there's a case for violation.

It just depends on you whether you would want to write the letter, start logging calls, etc.

ps. If they call everyday(every other day, every week, now and then, even once more) to confirm your address, it's collection activity.

[gdddd106]

" Receipt of Installment Payment" it was "filed" today even though I can't actually view the receipt on pacer that means they received it right?

[justbroke]

" Receipt of Installment Payment" it was "filed" today even though I can't actually view the receipt on pacer that means they received it right?

Filed is the date is was received (a/k/a "file stamp"). Entered is when it is actually recorded on the docket. Most things are filed and entered the same day, but some things take some time to actually "enter" (such as "paper' documents that are mailed to the courthouse).

[gdddd106]

Filed is the date is was received (a/k/a "file stamp"). Entered is when it is actually recorded on the docket. Most things are filed and entered the same day, but some things take some time to actually "enter" (such as "paper' documents that are mailed to the courthouse).

cool thanks

what about 11 USC 522(b)(3) is that the federal exemptions on Personal Schedule C?

[ValleYum]

Looking at our petition, our attorney selected 11 U.S.C. §522(b)(2) at the top our schedule C (and we used the Federal Exemptions and wanted to utilize the unused portion of our homestead as an additional Wild Card).

He then listed the statutes for each item accordingly.

Cash, checking & savings accounts, etc. used 11 U.S.C. § 522(d)(5)
Household goods, books/art, clothing used 11 U.S.C. § 522(d)(3)

Hope this helps you!!

[justbroke]

what about 11 USC 522(b)(3) is that the federal exemptions on Personal Schedule C?

I don't give specific advice on which exemptions to use on Schedule C. Exemption selection is one of the MOST important aspects of filing -- especially in a Chapter 7. This is where you exclude certain personal and real property from the reach of creditors and the Trustee.

Pennsylvania happens to be a State in which you can select the Federal Exemption scheme or the State's exemption scheme. It is probably better to use the Federal Exemption scheme if you live in Pa, but that depends on what types of personal property you have. It is always about seeing which scheme yields you the better result.

[gdddd106]

Expected Delivery By:
November 9, 2011
Delivery Confirmation™

stressing that i'll meet the deadline. USPS sucks.

court closes at 430

[gdddd106]

The trustee wants a copy of the petition. Is is ok to just reprint them off the computer? Also he wants proof of income and tax return information. I got the tax return from last year and is proof of income just like pay stubs?

[justbroke]

The trustee wants a copy of the petition. Is is ok to just reprint them off the computer? Also he wants proof of income and tax return information. I got the tax return from last year and is proof of income just like pay stubs?

This doesn't make any sense. Both the (panel) Trustee and United States Trustee (UST) have unfettered access to the Docket which contains the entire petition.

If you really need to send the Trustee a copy of the petition, you probably want to send the one on the docket that contains your signature and the file stamp. This seems like a REALLY ODD request. My Trustee actually asked that I NEVER copy them on anything since they get it from CM/ECF (PACER).

Now that I re-read this thread, I'm concerned about your case. Which Trustee is asking for the petition? is it the United States Trustee (UST)? Did you have your 341 Meeting yet? To me, it looked like you filed at the end of October, early November. I don't know why anyone would be asking for that type of information this late.

When did you file and when was (is) your 341 Meeting? Also, which Trustee is asking? The (panel) Trustee or the United States Trustee?