Filing after several attempts of cleanup... need some help please!

[koruption]

Good afternoon all.

A quick rundown: I messed up my life, and when I met my wife she had hers messed up too. My credit was shot due to a divorce, hers was shot due to "a poor living standard". We scraped by for 10 years, had a child in the process, and have been living decently, constantly improving.

Even so, with each of us having a full time job, we are well below the "state median" - even though we are both paid 12 an hour. Funny, yet sad.

Finally this last winter the financial dam broke. We got hit with 4 different lawsuits, mostly medical bills, that we had been making monthly payments on. No word on why they did it... no "hey we need more" first... just bad form. When we went to court to fight them, we were told, basically, Tough.

While we were fighting to get the garnishments off, we had to take out a payday loan or two... I think you see where this is going.

We are now living with 2 kids, paycheck to paycheck. We need releif - every month $900 walks out the door before we even get to see it.


So we decided to file for bankruptcy. We can't afford an attorney, nor do we have family or friends who can or will help us. So Pro Se is the only way we can go.


Now, I have read our local rules and regulations. I have the forms ready to go. Just a few quick questions...


1 - Can I file in person, or does it have to be mailed in? It doesn't say on the website.

2 - We are going to have to apply for the "Payment Plan" for the filing fee. But only have it one week out - simply put, if we are file we can tell the Payday loan places, and our work garnishment, plus the few medical bills we are on a payment plan with to AVOID further lawsuits, that sorry we filed you can't take money. (Yes, the amount they take each paycheck is way more then the filing fee. Has anyone had any issue with this?

3 - We have student loans (never finished, 2 semesters each) - Once the other debts are gone, I don't think those will be able to be discharged. Shoudl I just leave them off?

4 - The Big Question I Hope Someone Can Answer:
We know we are filing tommorrow. Either mailing it in, or just walking in if we can. Does that mean I can call those taking money next friday (our next paycheck) and disallow them from doing so? Or do i have to wait until i have a physical case #?

Thank you so much
-Abe

[tigergem]

Good afternoon all.


So we decided to file for bankruptcy. We can't afford an attorney, nor do we have family or friends who can or will help us. So Pro Se is the only way we can go.


Now, I have read our local rules and regulations. I have the forms ready to go. Just a few quick questions...

1 - Can I file in person, or does it have to be mailed in? It doesn't say on the website.

I filed by sending my forms in by FedEx. It was cheaper than the gas to drive to the courthouse.

2 - We are going to have to apply for the "Payment Plan" for the filing fee. But only have it one week out - simply put, if we are file we can tell the Payday loan places, and our work garnishment, plus the few medical bills we are on a payment plan with to AVOID further lawsuits, that sorry we filed you can't take money. (Yes, the amount they take each paycheck is way more then the filing fee. Has anyone had any issue with this?

The bankruptcy clerk (in my district) "likes to see" the petition for payment plan on the filing fee set up in monthly installments. But there is no prepayment penalty, so you can set it up for monthly installments and then pay it next week. Don't forget to enclose a copy of the proposed order.

As to notifying the creditors, yes, you do tell them they can't take your money. This is also known as service upon the matrix, whereby you send them a copy of your petition. BUT! Check with your local district clerk first. I was required to serve the matrix, but apparently some districts do not require you do this, and they do it for you. So you need to call and ask about that. If you are required to serve the matrix, don't forget to include a certificate of service with the petition.

3 - We have student loans (never finished, 2 semesters each) - Once the other debts are gone, I don't think those will be able to be discharged. Shoudl I just leave them off?

No. You don't get to pick and choose which debts you put on the schedules. It doesn't matter if the debt isn't dischargeable, you still include it. Also, even if they aren't dischargeable, I think filing stops any late fees from accruing. I'm really not sure what happens with student loans in BK, but I know with my IRS debt it stopped late fees and interest.

4 - The Big Question I Hope Someone Can Answer:
We know we are filing tommorrow. Either mailing it in, or just walking in if we can. Does that mean I can call those taking money next friday (our next paycheck) and disallow them from doing so? Or do i have to wait until i have a physical case #?

Once its filed, you should immediately have the case number. You will have to call and ask for it if you don't file in person. Or sign up for PACER, and you might be able to see your filing online the same day or the next day. If you want to stop garnishments for next week, you should inform the creditors ASAP of your case number and filing, so they have time to process the cessation of the garnishment for next week. You can't expect to tell them Friday morning and they have it through payroll by Friday afternoon. That is just not realistic.

[koruption]

Thank you tigergem!

I'm not worried about gas, but that's because our local bankruptcy district court is in our hometown So as long as I can run it down, and get the number immediately or on monday it's all good. As long as they won't laugh me out for showing up in person. (I have an irrational fear when dealing with court officials - bad experience in a hick county during divorce).

Payroll wise, we are fortunate enough where our payroll department runs things on Tuesday night - so they have said as long as I have the case# to them by Tuesday at 5pm, we can end the garnishments there.

Since there is no penalty for early payment on the plan, i will just set it up in monthly installments And I will be bringing it with my petition, etc.

I know it's odd to say, but even knowing it's ppotentially going to happen is lifting a huge burden from our shoulders. We've had 10 years of bunkering down and taking monetary assault from all sides, and making an honest attempt at paying everything... jus tknowing we will have enough leftover after a paycheck to go out for coffee is a blessing.


As for the "serving the creditors", etc.. i won't link or ask anyone to interpet the local rules. I've read the "pro se" page they have over and over and backwards and forwards... all it says I need to do (outside of the regular schedules, etc) is provide a "creditor matrix" - a list of addresses in a specific font and printed a specific way so they can send them the information.

It says no where that i need to send out any notices or anything, but I have no qualm with mailing them all a copy of it if needed.

If nothing else, I couldn't get in trouble for sending a copy of the petition with the case number even if the court did, right?

[tigergem]

I think it would be cheaper to ask the bankruptcy clerk if you are required to provide the service on the matrix before you mail out copies if you aren't required to. That is a procedural question.

[koruption]

I think it would be cheaper to ask the bankruptcy clerk if you are required to provide the service on the matrix before you mail out copies if you aren't required to. That is a procedural question.

Excellent, thank you. I suppose that a procedural question isn't preparing the petition or giving legal advice

[tigergem]

By the way. Reading the pro se page, really isn't enough. Get familiar with your local rules of procedure. That is what counts. I have found from talking to my bankruptcy clerks that a lot of the "plain english" pages simply have bad information on them.