Hearing to proceed in forma pauperis.

[Annie4]

I did a search before asking and only 3 things came up, none of which discussed the actual hearing for this.

We have a "Hearing to proceed in forma pauperis" next week and I'd like to know what to expect. It doesn't say to bring anything with us on the notice, but I'll take my pro se folder I've been keeping, driver's license and ss cards.

I filed everything else with my Petition....tax returns, pay stubs.....I guess that covers it?

I see some people have gotten their applications approved without a hearing, so I called the bankruptcy clerk here and asked and she said, "No that's normal, a hearing is always scheduled for this, that's perfectly normal." I asked her if he just asks us a specific set of questions and she said, "It just depends on what he needs to know."

Ummmm, that didn't help me any! lol

Does anyone else have experience with this?

[HHM]

For those that don't know, the OP requested the court to waive the filing fee charged by the BK court.

As for what happens, you simply have to prove you are, for the most part, indigent. Don't confuse being bankrupt with being indigent. These motions are rarely granted because you can also pay the filing fee with a payment plan. Generally, you will need to demonstrate that you have no money to pay the filing fee (i.e. unemployed, or close too it, i.e. federal minimum wage + xx%, etc, no money in your bank account etc).

[Annie4]

Ok, I was going by what it says the judge can approve it by.....below the 150% of the HHS Poverty Guidelines for 2009* Monthly Basis. For 6 people in a family, it's $3,691.25.

If he brought home $3,691.25 a month, we'd have no problems. lol

I read that thread where some of you listed your creditors and amounts and compared to most of you, we have baby debt. But we also have a baby income right now.

Things are starting to pick up after we filed, but for the first 7 months of this year it was more like 1,600 a month.

I hope that's going to get this waived, because (sadly enough after seeing that most of your house payments each month are more than our income), if I divide that 299. fee four times, it's about $75 a payday (every two weeks) and with our income right now, utilities and feeding our family, it's not evening out. Not to mention the deposits we're about to have to come up.

I was mainly wanting to know if anyone had been to a Hearing to proceed In Forma Pauperis and if they could give me ideas about what he'll ask and how long it'll take. I saw that at least 2 people were approved in here somewhere, but they got letters and didn't have to have a Hearing.

[HHM]

If you are within those guidelines, you should be fine. The judge isn't likely to ask too many questions. Basically, he will just ask you, on the record, that the information you provided in your motion is true. If something is deficient in the motion (i.e. lack of documentation), he may address that issue.

[Annie4]

Oh that makes me feel so much better, it's Tues so I'll come back and tell about my experience, whatever it may be.....wish me well dear new friends!

[justbroke]

Sorry, I thought I responded to this thread but somehow my computer ate the response. it was basically in-line with HHMs response on being indigent. From the additional information provided, I don't see any trouble for you proving you can't afford to pay the fees.

Best wishes!

[Annie4]

It's in the morning, please wish us the best, and from the Calendar, that court room will be packed!

I want to hide under the bed! lol

[lrprn]

It's in the morning, please wish us the best

You'll be fine, Annie4 - it will all be over before you know it! Sending positive thoughts your way already!

Come back afterwards and let us know how it goes, ok?

[Annie4]

Yes I will, ty ty

[Annie4]

Well, I didn't pass out and he didn't eat us, lol. And best of all, it was Approved!!!!

I guess that means we're officially dirt poor, but hopefully we'll be on our way back up soon?

Our Hearing was at 9 and we got there around 8:15 and sat in the large, mostly marble, freezing cold hallway type area, with the biggest potted plants I've ever seen and tons of windows with a tiny little waterfall coming down a building across the street. That's what I focused on for about 30 minutes, lol.

Then we thought the court room doors opened but there was another little area with benches where we had to wait a few more minutes, we were the 7th and 8th people to sit there, then came all the awesomely dressed, very intimidating attorney's and I thought about running but my husband held my hand, lol.

When they opened the doors to the actual court room, we went in and I kept going to the 2nd from the front benches. He said, "What are you doing?!" I wanted to be able to hear and not see other people talking because I'd get sidetracked....but too bad, one high strung, busy body attorney had to be right in front of us who couldn't sit still much less be quiet. I told my husband we might have to move to the other side because I didn't want the Judge thinking we were being represented by her or anyone attached to her. Thankfully, she got finished with hers before us, and walked out. I think she was disrespectful the whole time, but I guess that's her b'ness?...

(We saw the crooked, very unorganized attorney who took our little $471 too, I don't think she recognized us, if she did, she didn't act like it and she went on back to the back....)

About 20 people were called up in front of us, and alot of their cases were either their attorney's didn't file all their schedules or their filing fees had not been paid...they ALL had attorney's....ok that makes me crazy, because you HAVE to give these attorney's their money before they ever file, and they INCLUDE that in their amount!

I could tell the Judge was getting annoyed with most of them because NONE of them had all their paperwork. It was so exciting to see his face when one of them would say, "Your Honor, I don't have that with me." or "Your Honor, I need more time to get that." Insane.

There were about 5 of those 20 cases where companies were trying to get stays lifted for homes and vehicles.

Ok, back to us....he called our names and I said, "Oh dear!" but my husband was up and going before I knew it, lol. We had to wait on one man with a cane to come back through and the Judge started talking before we got all the way up there, but once we did, he called out why we were there, "Application to proceed in forma pauperis".... and then asked about our income being -1,500 less than our outgo, lol.

He said, "How are you doing that??" And I said, "Well Your Honor, we can't usually do it because we don't usually get that fully allowed food amount and our rent is always late since my husbands hours were cut back and the bonuses stopped."

I went on to say/repeat, "That amount is so high because 1,200 is what the allowance is for a family of 6 for food on the U.S. site and so that's what I put, but to be perfectly honest, we NEVER can get that much food, and you can see why. He asked again about what site I got that from 1,200 food allowance from and I said it was the U.S. one where I found all the Bankruptcy Forms, there was a link that showed the allowance for food, clothing, vehicles and such and it was right there."

Then I said, to get him off that subject maybe? lol "And another thing is our rent, it's usually always late and there's fees, and if it weren't for those two things our outgo wouldn't be so much higher than our income."

He went back to the food thing and said that he didn't understand where I got that figure, but he turned to another page and then said, "Oh, I see....the family size....ok." And I said, "Yes sir, we have 4 children and us and we don't usually get the fully allowed amount, and it's been too long since we could afford to go down the cookie/fun isle at the store too, lol. I miss that." He smiled, lol.

Then he asked about the rent, if that was the amount we pay, or the allowed amount, and I said, "No sir, that's the amount we actually pay, $600." and he said ok to that too.

He looked at me over his glasses once. I raised my eyebrows. I figured we're in it now, either he can say yes or no, but he can't eat us or squish us like a bug. lol

Then he asked me about our Schedule J, so I flipped right to it and he said, "Now tell me about this expenditure for Electricity, is that what you actually pay or is that the allowance?" I said it was for the actual amount we usually pay each month. He looked funny...I'm thinking his is way more than $250?...but he went on to ask about our vehicle expense being $350 and I said, that was for filling up two gas guzzlers and keeping them on the road, I said something is usually wrong with one of them and we're having to fix something every month. That's true.

And oh my gosh, he said, "Well, I'm going to Approve your case to proceed in forma pauperis." and put our folder to the side and started calling the next people.

I just put my hand on my chest and said, "Thank you Your Honor, thank you!" and he smiled and we walked right out. All the way to the truck I kept saying, "I can't believe we did that!" lol

We came home and I started laundry and my husband fixed us his awesome cheesy omelettes and we lived to tell about how our Hearing to proceed in forma pauperis went. lol

Even though not many people have asked for this fee Waiver and had a hearing on it, the support from here is amazing and reading all I have here really gave me courage to try this. I'm so thankful I did. Now we just have the 341 meeting to get through and I'm getting a little relaxed about that one, because you all did share yours and that really helps.

[justbroke]

Congratulations, this may be the first on this site.

[HHM]

Way to go; see, it wasn't all that bad.