It's a Biggie Bankruptcy needs to get filed due to MSJ and 1+ years of putting it of

[Pjmax]

I think I had about $800 in my account on filing day, but then, I didn't know when filing day was until I saw it on Pacer. I signed the papers weeks before. Anyway, no one ever asked about the money in my account. I don't think you have to worry about $200.

[LadyInTheRed]

The money in your checking account likely needs to be used to live, right? I don't see why you can't spend it. We had over $4k in our accounts when we filed, but exempted it (CA has nice exemptions) so maybe we are in a different boat. Our lawyer never said we couldn't spend the money in our accounts.

It wasn't an issue because you exempted it. If you can't exempt it, the fact that you need it to live off of it is irrelevant if the trustee wants to go after it. $200 is hardly worth the trouble to send notice to the creditors to file claims. Hopefully, the trustee will agree.

[Pizza]

I would think dividing (1,700?) between 27 creditors may be insignificant.

Quick question, Money in checking account (only$200) can that be spent? what happens with direct deposit into checking? The bank is not a creditor and never used other than checking account purposes. Just didn't know if that $200 is a ward of the trustee and any future deposits.

All of it is insignificant in my personal opinion. A total of $1900 between 27 creditors = $70 per creditor BEFORE the trustee gets paid a percentage. Creditors won't be running in circles over such a paltry amount, and the trustee would rather be spending his time repossessing Hummers, timeshares, luxury homes, inheritances, million dollar business liquidations.... etc... than to pursue small assets that amount to little personal gain.

So while you must be prepared to lose it, it would take a real tough as nails trustee (with too much free time on his hands) to follow through with it.

[professorkev]

Wow that was fast 1.5 days until it reported to my experian. Damn quick I say. I put in for my pacer acess so I'll get that in the maill in a few days.

How long until I get requests for documentation from Trustee? surely he'll be looking for something. Sadly, even with all this debt I have very little to show for it. Luckily a house that is protected and paid for on time everytime.

[LadyInTheRed]

How long until I get requests for documentation from Trustee? surely he'll be looking for something.

He'll be looking. But, unless there is a red flag (again, high credit card debt is not a red flag unless you ran the cards up right before filing), he very well may not ask for anything other than the standard documents that your attorney will provide automatically: Copies of your tax return and paystubs, and, depending on local practices, maybe one or more bank account statements. If he asks for additional documents, it could be before or after the 341. Depends on the trustee.

[professorkev]

WOW, Remember I was rushing to get this filed because of a Motion for Summary Judgement was filed and court date for May 8th. By Citibank c/o Peter Roach (cockroach collectors). They sent me interrogatoies showing all these statements (but never the signed application or term and conditions) anyways I noticed that but all i thought of was judgment being granted and worried they'd put a lien on the house or garnishment, thus why I met with BK attorney and we got filed.

SO I was just delivered a motion by the court for that and the judge DENIED Cockroach/citi and not only did he denied he BLASTED them for not providing signed applications.
Judge says "Surprised that plantiff would apply to courtt on papers with so many questions on fact" - "original summons papers wholly ignore fact that defendent had not defaulted but joined issue in a timely manner" - "plantiffs MSJ alleges there are no questions of fact upon which a trial must be had and is entitled to judgment against Defendent as a matter of law" Jusge says "The plaintiff papers raise more questions than they answer. Fails to provide court any form of contract, fails to provide any kind of agreement whatsoever. Nothing that sets forth a meeting of the minds with regards to responsibilities of the parties. "although plaintif supports with ATT universal card statements, nowhere in statements is the plaintif; CITI mentioned" "Because there is no production of a contract or agreement of any kind; it is not clear if plaintiff even has a standing to bring action"

"CC statement are heresay and inadmissable" He also blasted the "document control officers of citibank" as she not knowledgeable enough to provide statements as a record because the foundation was never proven.

Summary
"It is woefullyapparent the plaintiff put little or no effort into properly working up the file and didn;t exchange enough effort to ensure the court was provided with everything, IF THEY EXIST AT ALL"
DENIED in it's entirety

[professorkev]

Wow, Here I am thinking they had me nailed to the wall with those interoggitories and affidavits when in reality it was all a lame bluff filled with heresay and missing many pieces in order to build a foundation for the case. It goes to show that scare tactics are always used and YOU can win some battles. My attorney should like this (if he cares about nonesense)

Whats a good site to post PDF of documents so I can put them up here?

I feel like calling cockroaches and laughing at them.

[professorkev]

All thios debt was run up 2006 thru 2010. I was making payments right up till the end when I decided to just stop (late 2010) I had more money going out than coming in for bill payments. paying that many bills and $1600 month just in interest couldn't be kept up any longer.

[LadyInTheRed]

Sound's like Citi's attorney was really sloppy. I love that the judge took the time to call them out instead of just simply denying the motion.

You may have won that battle, but that doesn't mean they wouldn't have eventually gotten a judgment. With all the other debt you had, even if they didn't have enough evidence to get a judgment, I think Citi ultimately did you a favor by pushing you to file BK instead of continuing to delay.

[bcohen]

You got very lucky that your judge wasn't "in bed with" the creditors. I was not so lucky. I had a lawsuit from Discover Bank/Gurstel Chargo, which I fought back at every step of the way, and when it came down to Motion for Summary Judgment, the plaintiff provided a so-called "affidavit" which had many errors, and the person claiming to be the "affiant" could not possibly have had personal knowledge of the facts to which she attested.

In fact, the "affidavit" didn't even have a date when the "testimony" was supposedly given in front of a notary. I raised all of these points, and more in my response to MSJ, as well as the fact that the debt was past the 3-year SOL which was in effect when the "triggering event" (my initial default) took place in 2009 (a law was passed extending the SOL to 6 years, back in April of 2012). The judge apparently did not read, or did not care about my defenses, nor about the defective "affidavit" provided as evidence, and granted the MSJ.

I filed for Chapter 7 bankruptcy, so the judgment will never be paid, and all the time and money spent putting me through the wringer will be for naught. Congratulations, Gurstel Chargo, you forced me to go through the hassle and expense of filing for BK. Was it worth it?

[professorkev]

Totally agree Lady, thats how I look at it. and yes they eventually would have won the war; if I didn't file.

[professorkev]

Wow Bcohen, your state had a 3 year sol? which state is that? NY I believe is 7. if I had 3 year year I wouldn't even have to file for Chpter 7

[AngelinaCat]

WOW, Remember I was rushing to get this filed because of a Motion for Summary Judgement was filed and court date for May 8th. By Citibank c/o Peter Roach (cockroach collectors). They sent me interrogatoies showing all these statements (but never the signed application or term and conditions) anyways I noticed that but all i thought of was judgment being granted and worried they'd put a lien on the house or garnishment, thus why I met with BK attorney and we got filed.

SO I was just delivered a motion by the court for that and the judge DENIED Cockroach/citi and not only did he denied he BLASTED them for not providing signed applications.
Judge says "Surprised that plantiff would apply to courtt on papers with so many questions on fact" - "original summons papers wholly ignore fact that defendent had not defaulted but joined issue in a timely manner" - "plantiffs MSJ alleges there are no questions of fact upon which a trial must be had and is entitled to judgment against Defendent as a matter of law" Jusge says "The plaintiff papers raise more questions than they answer. Fails to provide court any form of contract, fails to provide any kind of agreement whatsoever. Nothing that sets forth a meeting of the minds with regards to responsibilities of the parties. "although plaintif supports with ATT universal card statements, nowhere in statements is the plaintif; CITI mentioned" "Because there is no production of a contract or agreement of any kind; it is not clear if plaintiff even has a standing to bring action"

"CC statement are heresay and inadmissable" He also blasted the "document control officers of citibank" as she not knowledgeable enough to provide statements as a record because the foundation was never proven.

Summary
"It is woefullyapparent the plaintiff put little or no effort into properly working up the file and didn;t exchange enough effort to ensure the court was provided with everything, IF THEY EXIST AT ALL"
DENIED in it's entirety

CONGRATULATIONS!!!! WAY to Go!! You won one for the 'Gipper"

[professorkev]

Lawyer just emailed me that there has been a request for more information:

The United States Trustee office has asked for the following, Please provide it IMMEDIATELY:

1. What precipitated the filing of the Chapter 7 bankruptcy and why the John Doe did not file a joint bankruptcy petition?

2. This case was filed as a Chapter 7 business case, indicating that at least 50% of the unsecured non-priority debt is primarily related to business debt. However, a review of Schedule “F” only reveals one business debt, e.g. Citibank/CitiBusiness Please provide a detailed explanation for each of the unsecured debt listed on Schedule “F” including the approximate time period and what was purchased. In addition, please indicate which debt is considered consumer debt and which debt is associated with the debtor’s business and provide proof of same.

3. Please provide copies of the debtor’s personal Federal and New York State income tax returns, including W-2 wage statements and 1099 income statements and all attachments for calendar years 2010, 2011 and 2012, as well as the tax returns for the debtor’s business operations. For example, if he is a sole proprietorship, a copy of Schedule “C”, if a partnership or multiple-member LLC, a copy of the Form 1065 and the related K-1, etc.

4. Please provide copies of the debtor’s bank statements for all accounts for one year prior to the filing of the bankruptcy.


seems simple enough except for listing all the creditors again.

[professorkev]

Wow, spent 5 hours going through that stuff. Why do they have to make it so difficult? there are no assets, not hiding anything, and it clearly shows in my returns. I know, part of the game and it is a large amount. UST office wording always gives you a chill though.