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    #1

    Another court date :(

    Well I received yet another court date today in the mail! It's for the 15th of Oct. I won't be able to file before then. I will retain the lawyer so hopefully I can let the other attorney know my intentions and cancel it. I doubt it but it's worth a shot.

    I will be so happy when this mess is over!! I wish I could file tomorrow!

    Quick question - should I be saving all our receipts now? If so what kind?
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11
    Tags: None
    #2
    Freddy, hang in there. When are you able to file again?

    If you want to be extra careful, sure, save your receipts....however, I have not honestly seen one instance where receipts were requested if there were no apparent excesses that could lead to fraud or abuse...but that's just my thought. Hang in there!
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    Comment

      #3
      I should be able to file late Oct (pending $$)

      Do you know if I overdrawn my bank account and opened a new account could the overdrawn account be included in the BK. It's not uncommon that I overdraw on my account but this way I might be able to file sooner than later.

      Thanks!!
      "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

      Comment

        #4
        Yes, you can include an overdrawn account as a creditor. I am!
        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

        Comment

          #5
          Great - Now I just need to figure out the math and timeline. I may be able to file sooner than later!

          Will the trustee look down on that?? It's nothing new for me I'm always upside down come the end of the month. I was just hoping to break the cycle after I filed.

          Thanks so much!!
          "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

          Comment

            #6
            Originally posted by ccsjoe View Post
            Yes, you can include an overdrawn account as a creditor. I am!
            Hey today is your filing day! Woo Hoo!!!
            "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

            Comment

              #7
              Yup need to change my sig line....lol

              Don't think trustee will look down on it, hopefully it's not a large amount and it's something you used for living expenses, also as you say there's a documented pattern.
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

              Comment

                #8
                Originally posted by ccsjoe View Post
                Yup need to change my sig line....lol

                Don't think trustee will look down on it, hopefully it's not a large amount and it's something you used for living expenses, also as you say there's a documented pattern.

                Large amount? My bank only lets me go up to $1000. That would give me enough to pay my attorney without being late on my mortgage.
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                Comment

                  #9
                  Check with your attorney, he/she would be in a better position to advise you as to what the trustees in your district will or will not accept.
                  Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                  AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                  Comment

                    #10
                    Originally posted by Freddy03 View Post
                    I should be able to file late Oct (pending $$)

                    Do you know if I overdrawn my bank account and opened a new account could the overdrawn account be included in the BK. It's not uncommon that I overdraw on my account but this way I might be able to file sooner than later.

                    Thanks!!
                    Bad idea Freddy. You do not want to overdraft your account to pay your BK attorney. You'll be far better off asking the court for a continuance. Worst case, they get the judgment and you include it in BK.

                    Comment

                      #11
                      Originally posted by SunshineGal View Post
                      Bad idea Freddy. You do not want to overdraft your account to pay your BK attorney. You'll be far better off asking the court for a continuance. Worst case, they get the judgment and you include it in BK.

                      Comment

                        #12
                        Originally posted by ccsjoe View Post
                        Yes, you can include an overdrawn account as a creditor. I am!
                        How long can you have it overdrawn before filing? Six months, a year, or just have to be 30 days or 60 days? If I learned about it 8 months ago, I'd probably save myself thousands.
                        Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

                        Comment

                          #13
                          wnguyen, I don't know the rules to this. All I know is my old account, which I had dwindled to a balance of $1.41 after moving to a new bank, got overdrafted on Monday after BofA decided to reject an ACH I couldn't stop and process an ACH I also couldn't stop. I got po'd, told my attorney, and he said we'll just list it in the creditor matrix and schedule, be done with it. Since I filed today, I would guess 4 or 5 days overdrawn.

                          Sorry, but no better answer on this one.
                          Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                          AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                          Comment

                            #14
                            I emailed my soon to be attorney. Haven't heard back yet. My account have been overdrawn at least twice a month for the past 5 months.
                            "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                            Comment

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