Statement of Intention

[sscott4775]

Hi everyone,
I was just getting ready to go over the Statement of Intention form and I need some advise. First off, I need to say that I have no secured debts, so I was thinking that all I would need to do is just check off that I have none, sign, date and that would be the end. In the NOLO book I'm using, the draft of the form they have is from 10/2005, which had three boxes to check at the top of the form, and if you had no secured debts, then you check the first two boxes, sign/date, and that's all. On the new form from 12/01/2008, I don't see anywhere to state that I have no secured debts. So, I was just wondering if I even need to include this since there is are no secured debts and they would see that on Schedule D, or should I include it with my signature anyway so they don't think I missed something?

Thanks for the help!

[justbroke]

Do you have any unexpired leases or executory contracts? Those should also be listed on Official Form 8 (Statement of Intentions). The bankruptcy code (11 USC 521(a)(2)) does not require a Statement of Intentions (SoFI) unless your "schedule of assets and liabilities includes debts which are secured by property of the estate". If you do have secured assets, then the SoFI is mandatory.

You should also call your Case Manager and "ask a procedural question". Specifically, whether Form 8 is required regardless of secured debt. If you do need to file Form 8 when you don't have secured debt -- contrary to 11 USC 521, but it may be a local rule -- then you should complete it writing "NONE" as the name of the first property creditor name, and "NONE" as the first lessor's name under executory contracts and leases... sign and date.

I highly recommend that you call the Case Manager, just so that you don't need to deal with a motion to dismiss for failure to file a SoFI even though it's not required under 11 USC 521.

[dumpinmydebt]

I would just be safe and file it anyway and as JB said, put none. But that's just how I am. It wouldn't hurt. I had to file mine, because I had an unexpired lease and a secured loan.

[sscott4775]

That sounds like good advice. I don't have any executory contracts or unexpired leases to place on the SoFI. I guess I'll just go ahead and file the form anyway and say "none" like you all suggested.
The courthouse is gonna be an hour drive away, so I guess it's better to go ahead and file it, and if they don't need it, then all is still well. Better to go with more than enough info that not enough I suppose.

Thanks!