Amendments - How often?

[rjroyse]

How often is too often to file amendments. I feel as though each day I find things that are not listed in my schedules. does there come a point when the trustee starts to get suspicious? is it ok to file amendments after the 341? I read a couple things on here that my attorney never asked me about, I never thought about or occurred to me. So not I don't know what do to?

[AngelinaCat]

Hi rjroyse. First of all, calm down and try to relax. I will also address your other thread shortly.

My 'Hub (AngelinaCatHub) and I were an Asset CH7. We did everything wrong that we could. Our so-called attorney did not properly educate us in the BK process, and as a result we made several costly mistakes. And we did not find this forum until WELL after all of those mistakes had been made. So here we are to try and help folks like you. So, from experience, I say try to relax. There is not a lot that you can accomplish tonight by mentally spinning your wheels in overdrive.

Amendments, how many? It is my understanding that you can make as many amendments as you need to, and it is only a one-time fee of $26.00 to amend the petition.

This understanding I got from the NOLO Press guide on filing Chapter 7 Bankruptcy. It would be well worth your while to go online and purchase the downloadable edition and have as your Reference Manual. If you are offered any freebies with your purchase, take those too.

Now, getting back to the amendments, if you keep finding problems, I would advise to take the rest of this week, and the first part of next and go through ALL of your paperwork with a fine-toothed comb. Then be ready to file the amendments next Friday, October 4.

How diligent is your attorney about all of this?

Okay, I'm going over to the other thread.

[rjroyse]

thank you. I am trying. My husband thinks I am over reacting and to just take things as they come up or as we are asked about them.
Our attorney I don't know. She seems really flighty? she was not our original attorney we were working with. We originally started to go BK7 on our failed business. But when we realized all of the debt would come to us personally, our original attorney said to go personal BK7. The paralegal just gave us a form to fill out. I had a few questions, but really did not know what to question? so I did the best I could. then we get and email saying we have been passed on. new attorney new paralegal and still no interview. Then we were being pushed to file so we would still hit our means test. so we did things in a matter of one week. I don't do well trying to remember my entire life in one week. so I am sure we missed.

We have already filed one amendment. going to do another for leaving out the transfer. We did not include our pay pal accounts because I didn't even think of it. Also should I have included the things that I sold on ebay in Dec and jan? they were all under $200. so I am not sure if there is an exemption or not? I feel that our attorney gets annoyed at me for 'not knowing'.

Our attorney we had for our 341 today was the partner of the firm and very nice. wish I had him.

[AngelinaCat]

I feel that our attorney gets annoyed at me for 'not knowing'.

I hear you loud and clear! 'Hub and I "been there, done that."

eBay and PayPal: for amounts less than $200.00, just ignore all that. This is the same as having a yard sale over the weekend. You basically ended up with what amounts to pocket change, and will be gone almost as soon as you fill up a gas tank.

[rjroyse]

yea on that one. so now I wont worry about not including that one. one less thing.


The big one is gifts over the past year. I had brought it up and she never said or did anything about it, so I assumed they are fine. now I am not so sure and think that one will get us.

[AngelinaCat]

One of the few things that our attorney DID tell us was to "have as close to zero in your checking account as possible, on the day you file." We actually were overdrawn, so that worked out.

It sounds like you were never told to draw down your accounts, and so you have money that aren't covered by the exemptions. If you had been you could have used some of that money to pre-pay insurances, stock up on food and household goods, things like that.

[AngelinaCat]

yea on that one. so now I wont worry about not including that one. one less thing.


The big one is gifts over the past year. I had brought it up and she never said or did anything about it, so I assumed they are fine. now I am not so sure and think that one will get us.

Define 'gifts', and when was the last one?

[rjroyse]

WE were told to draw down our accounts . on a pay day two days before we filed. that was fun. but we did it and were over drawn quite a bit.

My parents had been helping us out a lot. In our business (we had for 4 years) he really never got a paycheck. so my parents helped us to pay the mortgage, pay for bills, etc. So we have deposts to our bank account quite frequently. I think the last one was in June. I never even considered it on our income for the paperwork. we had our pay stubs and that was that. At our filing, I asked them about what the trustee looks for, she mentioned large amounts of cash taken out. I asked her about deposits going in. that my parents had been helping us. She wanted to know if we listed them as creditors. I said no. and she just said that if it was gifts then we are good.

so now I am not so sure about that. I mentioned the same thing to our attorney yesterday - different one- that my parents had helped us out a lot. but in April we sold my camera to us because really enough was enough. . again. he didn't say anything and I guess I am too stupid to ask or know the difference?

[AngelinaCat]

so now I am not so sure about that. I mentioned the same thing to our attorney yesterday - different one- that my parents had helped us out a lot. but in April we sold my camera to us because really enough was enough. . again. he didn't say anything and I guess I am too stupid to ask or know the difference?

If it is a gift, it IS a gift. You are not expected to pay it back. So your parents are not creditors. If it was a loan, then your parents would be creditors, but they are not. It is a gift.

The camera equipment was a sale; also not a loan, or a gift in this instance, but a sale.

[rjroyse]

So. Is the gift considered income that has to be added to our income?
This is where I am confused. If it is suppose to be considered income. Well we never did. I get the sale part I think

Don't think we will get in trouble for that. But gift income ? Andused in our means test?

[AngelinaCat]

So. Is the gift considered income that has to be added to our income?
This is where I am confused. If it is suppose to be considered income. Well we never did. I get the sale part I think

Don't think we will get in trouble for that. But gift income ? And used in our means test?

I can't answer this one. Sorry. There are instances that the income and outgo, and the means test do not equate. I am confused on this also.

Perhaps a couple of our other members, such as Justbroke and Despritfreya will see this and chime in. Anyone else that can anser the question is invited to chime in also.

Take this time to download that NOLO Press Chapter 7 book....