log for filing chapter 7

[bdruff]

I am so appreciative of these forums. They seem to exist on just about anything and they are always so helpful.

I've never really contributed to one in a meaningful way. I will try to help a little with this one.

My wife and I just filed. We used a doc prep company from an online company. I spoke with them a few times. They were never pushy and very helpful on the phone. The fee was small, important detail, and we felt that we needed to file ASAP.

We think it would be better to use an attorney and I am meeting with a few this Monday for a consultation. I might just get some consultation if they offer something like that and still represent myself. I might decide to have them take care of it completely.

This site has been a godsend! I wish I would have found it sooner. I'm sure I will be using it more in the near future.


I will update this log as things progress. Maybe it will help someone down the road. Feel free to ask me questions. I don't even know what I don't know...But I'll find out.

Thanks everyone

[Annie4]

This site has been a godsend!

I agree! I would not have filed myself had I not been reading on here beforehand. Keep us updated, I wish you well!

[j2t]

I am so appreciative of these forums. They seem to exist on just about anything and they are always so helpful.

I've never really contributed to one in a meaningful way. I will try to help a little with this one.

My wife and I just filed. We used a doc prep company from an online company. I spoke with them a few times. They were never pushy and very helpful on the phone. The fee was small, important detail, and we felt that we needed to file ASAP.

We think it would be better to use an attorney and I am meeting with a few this Monday for a consultation. I might just get some consultation if they offer something like that and still represent myself. I might decide to have them take care of it completely.

This site has been a godsend! I wish I would have found it sooner. I'm sure I will be using it more in the near future.


I will update this log as things progress. Maybe it will help someone down the road. Feel free to ask me questions. I don't even know what I don't know...But I'll find out.

Thanks everyone

Thanks so much for sharing. That is very good to know as I was considering paying for an online doc prep also. Turns out I am meeting with an attorney in the next few days and will probably hire him. He sounds reasonable in the correspondence we've exchanged thus far. I talked to him on the phone for the first time today and he was very accommodating. So I've got a good feeling so far.

Please keep us updated.

Good luck!

[bdruff]

I met with a lawyer on Monday. We took with us to the appointment just about everything. He was able to pull up our paperwork on pacer. He suggested we change our exemptions from 704 exemptions to 703 along with a few other helpful tips. He told us what to expect from the 341 meeting. He was familiar with the trustee and has been an attorney in the area for 30 years. All in all, he made my wife and I feel very comfortable. He came across honest and knowledgeable.

In the end he said a lawyer would be a waste of our money. We had our stuff in order and with the suggestions he made, he felt we would be fine doing it ourselves. We paid him $100. In the initial paperwork, the first consultation was $250. I fully expected to pay $250. He said he usually charged that amount, but then said $100 was fine.

I am going to the courthouse on Friday to find out how to ammend our paperwork.

I am still going to file pro se but I think I found me a good lawyer for the future.

Questions I could use help with:

How do you ammend forms?

How do you do the little symbols with the exemptions on personal property?

[WillinVT]

How do you do the little symbols with the exemptions on personal property?

[AngelinaCatHub]

I met with a lawyer on Monday. We took with us to the appointment just about everything. He was able to pull up our paperwork on pacer. He suggested we change our exemptions from 704 exemptions to 703 along with a few other helpful tips. He told us what to expect from the 341 meeting. He was familiar with the trustee and has been an attorney in the area for 30 years. All in all, he made my wife and I feel very comfortable. He came across honest and knowledgeable.

In the end he said a lawyer would be a waste of our money. We had our stuff in order and with the suggestions he made, he felt we would be fine doing it ourselves. We paid him $100. In the initial paperwork, the first consultation was $250. I fully expected to pay $250. He said he usually charged that amount, but then said $100 was fine.

I am going to the courthouse on Friday to find out how to ammend our paperwork.

I am still going to file pro se but I think I found me a good lawyer for the future.

Questions I could use help with:

How do you ammend forms?

How do you do the little symbols with the exemptions on personal property?

Boy it sounds like you have a real good lawyer. Rare. I would also suggest you purchase the C7 book from nolo.com. It is about 17 bucks, has all the forms in it, and is very worth the money. Download in pdf format.

'Hub

[AngelinaCatHub]

http://www.danshort.com/ASCIImap/

[bdruff]

Thanks for the help! What a great world we live in today!! Have my 341 meeting on 9/24/2009

Just a couple questions regarding taxes:

1. My lawyer saw that my 2004 taxes were filed more than 3 years ago and can be discharged. My 2005 taxes were filed with an extention and I would have to wait till Nov. 1 this year to include them. I knew this but filed anyway. Just couldn't push it off any further. The doc preparation company said it didn't matter. So did some other attorneys I talked to. The way I understand it, it has to be 3 years from the time the taxes were due or filed which ever is later. The lawyer I talked to confirmed this again.

I have the 2004 taxes and 2005 taxes listed on schedule E as priority claims. The lawyer sugessted moving 2004 taxes to schedule F. Then, kind of under his breath, said he would move both to schedule F as non priority debts. Am I missing something? Does he think it might just slide thru un-noticed? Also, should I include 2007 taxes due on Schedule E. I know I can't write them off but do I need to list them?

Thanks

[justbroke]

1. My lawyer saw that my 2004 taxes were filed more than 3 years ago and can be discharged. My 2005 taxes were filed with an extention and I would have to wait till Nov. 1 this year to include them. I knew this but filed anyway. Just couldn't push it off any further. The doc preparation company said it didn't matter. So did some other attorneys I talked to. The way I understand it, it has to be 3 years from the time the taxes were due or filed which ever is later. The lawyer I talked to confirmed this again.

The tax must have been due without penalty for three years preceding your filing. This means that 2005 taxes (due in 2006) are eligible. However, your extension messed this up. Your 2004 taxes are discharegeable.

I have the 2004 taxes and 2005 taxes listed on schedule E as priority claims. The lawyer sugessted moving 2004 taxes to schedule F. Then, kind of under his breath, said he would move both to schedule F as non priority debts. Am I missing something? Does he think it might just slide thru un-noticed? Also, should I include 2007 taxes due on Schedule E. I know I can't write them off but do I need to list them?

Your 2007 taxes go on Schedule E as priority unsecured debt. They are entitled to priority. I would remove the 2004 Taxes from Schedule E. They are NOT a priority claim and should be on Schedule F.

It wouldn't matter if it went unnoticed. The 2005 taxes are non-dischargeable. You would need to file a complaint to determine the non-dischargeability of those taxes.

I know I'm going to get the name of being a prude on this site, but I just won't condone manipulating the Schedules. While 'Hub adores your attorney... I don't like him... the attorney you consulted with.

[bdruff]

Thanks for the feedback. What about student loans? Do I list them on Schedule F and on "statistical summary of certain liabilities and related data" I am not trying to get them discharged but I do have some student loans.

Can I ask why you don't like the attorney I consulted with? He never outright said that the 2005 taxes would be discharged. In fact, he said they could not be. I was just curious why he said almost in passing that he would put them both on the schedule F

What is a "complaint to determine the non-dischargability"?

[justbroke]

Thanks for the feedback. What about student loans? Do I list them on Schedule F and on "statistical summary of certain liabilities and related data" I am not trying to get them discharged but I do have some student loans.

Yes, you would list them on Schedule F even though they are non-dischargeable.

Can I ask why you don't like the attorney I consulted with? He never outright said that the 2005 taxes would be discharged. In fact, he said they could not be. I was just curious why he said almost in passing that he would put them both on the schedule F

Only because he literally is saying... "hey put them on Schedule F where they don't belong, and if you're lucky, the IRS will think they were discharged"... when in no way should they have been on Schedule F.

What is a "complaint to determine the non-dischargability"?

A complaint is an Adversary Proceeding (AP) and it is a miniature lawsuit within the BK process. You'd basically be suing the IRS for dischargeability. Going up against the United States doesn't even sounds like fun, especially when it's the IRS. However people do it. The reason you would need to file the complaint, is that the tax is non-dischargeable (period). The only way to make it go away, would be to file a suit (AP) to make it dischargeable.

[bdruff]

Thanks a lot. You've been a lot of help. I hope that me going thru this will help someone down the road too

[bdruff]

update

Been working on it all day. When I'm finished I'll post what I can to help others.

Couple more questions:

I am amending my schedule C. I am changing from system 1 to system 2.

Where do I put the cash that was in our account on the day we filed?

[justbroke]

Been working on it all day. When I'm finished I'll post what I can to help others.

Couple more questions:

I am amending my schedule C. I am changing from system 1 to system 2.

Where do I put the cash that was in our account on the day we filed?

Cash goes on Schedule B, Line 1 (Cash on Hand). Then you'd just exempt it on Schedule C and list the appropriate California Statute which allows you to claim that exemption.

[bdruff]

Then you'd just exempt it on Schedule C and list the appropriate California Statute which allows you to claim that exemption.

lol... whats the appropriate California statute which allows me to claim that exemption?