Amend forms before 341?

[tmoschetto]

Hi again,

I filed Ch7 pro se on 1/12/10 and my 341 is scheduled for 2/16/10.

I had mailed a check for my quarterly condo dues on Jan. 1st and subtracted that from my checking account balance before I completed and FedEx'd my petition paperwork on Jan. 11th. I was positive the check would clear the day of the 11th or by the 12th at the latest. That's what I get for assuming. As it happens, the stupid check cleared the very next day (13th)!

This gives me an extra $453 to add to what I listed in my schedule of assets for my checking account. Can I amend the forms and just bring with me to the 341 or do I need to serve the trustee and file the proof service along with the amended schedule with the clerk ahead of time?

Also...I am planning to reaffirm my mortgage with Wells Fargo. I filed my notice of intent with my petition paperwork. Will that intention be transmitted to WF, or do I need to serve that on them and then contact them for a reaffirmation agreement? Does this need to be done prior to the 341?

Sorry for all the questions. I didn't think my 341 would be coming up so quickly after just filing last week.

Thanks as always!

[justbroke]

If your Trustee doesn't ask about it at the 341 Meeting, specifically your banking balance on the day of filing, I wouldn't worry much about it.

As for reaffirmation, they should be on notice since you filed and your Statement of intentions was served on them. I mean... you did serve the Statement of Intentions on the Trustee and all the creditors listed on that document... didn't you?

Your Statement of Intentions must be served on all creditors in interest (listed on the form) and the Trustee within 30 days of filing the petition or before the 341 Meeting. You should get right on this. You will probably see a deficiency notice already on PACER (on the Docket).

Are you using the NoLo guidebook?

[AngelinaCat]

Don't worry about it. Your BK is looked at on the day you file. That is considered a snapshot of your financial life. Everything that is looked at will be the six months or so prior to filing. It is understood that you will have bills coming due AFTER you file, and you will have to take care of those.

I hope this helps!

[tmoschetto]

Hi again JB!

My case info still isn't in PACER since filing last Tues. I called the Clerk the day my FedEx'd forms were delivered and got the case number. I called the automated info line tonight and that is how I found that the 341 has been set.

The local info on the Middle Dist of FL's website had a list of documentation to send to the trustee at least 7 days prior to the 341. One of those was the statement of intent, so no, I have not served that on him (her?) since as of tonight, I still don't know who the trustee is. Would I need to serve that on the TT and bring it to the 341 as well??

I am serving it on Wells Fargo, which is the only creditor involved with the reaffirm. Plan to have a friend drop that in the mail for me Tuesday and then I will file the proof with the Clerk.

Re: the checking account balance...it gives me $453 more to show as an asset and to exempt, so I wasn't sure if I needed to amend that in advance of the 341 or if the TT would understand that the check cleared the very next day. I just don't want to give him/her any reason to question the rest of my papers because of it.

[justbroke]

Would I need to serve that on the TT and bring it to the 341 as well??

You would need to serve it on all creditors mentioned on the Statement of Intentions as well as the Trustee. So that would be Wells Fargo and the Standing Chapter 13 Trustee for your District.

You may be searching PACER incorrectly. Your case MUST be in PACER if you used the automated system, because it's the same system! You may be accidentally searching the Florida Middle District Court PACER system and not the Florida Middle District Bankruptcy PACER system. They both use PACER and I've done this before by accident.

Here's FLMB's website for you, and click the Live CM/ECF System for PACER (it's on the upper right side of the webpage)! http://www.flmb.uscourts.gov/

If you were using the right web address, I apologize, but it's a common mistake.

I wouldn't worry about the checking balance. Besides, you used it to pay a secured creditor anyhow.

[tmoschetto]

Wow JB...I thought I was the only one staying up late and reading...thanks so much for the quick response!!

HUGE thanks...you were exactly right that I was indeed using the wrong PACER link! I had no idea what was going on with not finding my case and was quietly starting to freak a bit and thinking don't tell me I've messed something up awful this early in the game.

Was reading the docket and saw something to the effect that an Order was filed concerning compliance with the filing requirements. I'm so jumpy with this whole process, I had to read it 3 times before I realized that it was saying I filed everything I needed to!

But back to the needling $453 discrepancy in my checking account, actually it's not my mortgage payment to Wells Fargo that was paid...it's my quarterly condo assessment dues payable to my condo association. I didn't include them in my list of creditors!! When I got to the secured portion of the forms, I was only thinking of my mortgage. Now I'm getting ramped up thinking I should have listed them?? Geez...so the whole complex will know I've filed??

Suddenly the happy feeling I had as of last Tuesday is gone and the knot in the pit of my stomach is back!

edited because the knot in my stomach deserves the "k"

[justbroke]

Again, don't worry about the checking balance. That's all I need to say on that topic. It's trivial and you are actually paying it against a secured debt (your home). Also, in Florida, condo fees (and homeowner's fees) enjoy statutory lien priority, so they are technically secured. Especially if you live in a CDD.

I'm glad you found the correct link now.

You should checkout my BLOG on maintaining your case files. Whenever you read a document off PACER... you should be saving it to your local computer with a good filename and a good file organization. That's all in my BLOG.

[tmoschetto]

...You should checkout my BLOG on maintaining your case files. Whenever you read a document off PACER... you should be saving it to your local computer with a good filename and a good file organization. That's all in my BLOG.

I'm heading to your blog now for a change of scenery. Thank you again VERY much for all your patient explanations!

[tmoschetto]

I wish I had gotten off PACER and over to your blog before I saw that I have drawn the infamous JS for my trustee. Of course the initials are burned into my brain after becoming horrified to see that most of her cases end up getting to entertain a visit to their home from an appraiser. Ugh!

[justbroke]

Just for a correction. Earlier I wrote that you should be serving the Statement of Intentions on the Standing Chapter 13 Trustee. That was incorrect. You should serve it, of course, on the Trustee assigned to you. Since you're in a Chapter 7, it won't be the Chapter 13 Trustee anyhow. Sorry to learn of your Trustee assignment misfortune. Best of luck to you.