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Mistakes in my Chapter 7 Case

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    Mistakes in my Chapter 7 Case

    Hi All,

    So I have made a few mistakes in my chapter 7 no assest case. I filed pro-se using the NOLO guide.

    1. I failed to provide the trustee my tax refund and pay stubs 7 days prior to my 341 hearing.

    Somehow I thought I was to bring my tax refund and pay stubs to the 341 hearing. Several days prior to my 341 hearing I started reviewing the NOLO guide to find exactly what I needed to bring and found these needed to be sent to the Trustee 7 days before the 341 hearing. I frantically called the trustee's office, but he was actually on vacation that week. I even tried to reach his paralegal, but they had already left for the day. I ended up finding his email address on his website and sent him an email apologizing for my mistake and informed him I would drop these off to his office and sent him electronic copies of them. I also followed up with a voice mail.

    When I had my 341 meeting he seemed to be in good spirits and did not mention the fact I failed to provide him with the paperwork within 7 days. I was so nervous during the meeting I didn't ask him about it. Has anyone heard of this causing an issue with the Trustee? I google'd this on the web and could only find one refernence to dismissing a bankruptcy case. Would he have brought this up at the 341 hearing if he planned to have the case dismissed?

    2. I believe I missed the deadline to reaffirm my secured assest(car loan).

    I filed to reaffirm my car loan on form B8(Chapter 7 Indicidual Debtor's Statement of Intention). I thought this was all I had to do to reaffirm the debt. I was unaware that I needed to send the forms to my bank and the trustee within 30 days of filingmy petition. (Though I have hear conflicting reports on the dates, is it 30 days or 45 days after filing my petition?) I filed my Chapter 7 on 02/02/12. I claimed the car as exempt and I have never been late on the payments.

    Any idea what the judge will do? I called the bank right before my filing and informed them that I would be filing for bankcruptcy shortly. I only owe 1000 on the car loan and she said that I should just keep paying the loan as I have been.

    I know these mistakes are my fault and wish I would have caught them sooner...

    Thank you for any advice or comments.

    -Justin

    #2
    Those are no biggies. You have NO idea the number of mistakes we made in our CH7 Asset case--and that was with inept attorney guidance! You will be fine with not reaffirming the car--especially when you only owe 1000.00. The advice on this board, for the most part, is to NOT reaffirm the loan, in case you need to walk away from it later on. That way you won't be held responsible for the difference.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      Thank you AngelinaCat!

      Comment

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