Update on Casr...Questions on Amendments

[mcjcbk]

Filed Jan 3 2011. 341 Meeting was Scheduled for 2/4/2011 but due to weather conditions it was rescheduled to this Thursday 2/10/11. I filed for waiver of fee and had a hearing today to Show Cause. It went well. Judge asked about income and expenses. Also pointed out a major mess up with a schedules...Schedule C had No exemptions so he advised to file an ammendment. There was a counsel for trustee (??) It hink that's what he called him. He asked him if there was any reason to deny motion. He sd no and waiver was approved.

I have two questions about Amendment. First for Schedul B line 25, was I supposed to list the vehicle that we owe on? or Is that just for vehicles owned free and clear?

Second, for Schedule F and Creditors Matrix, adding missed creditors, do I list all the creditors already listed plus new creditors on both F and Matrix? Or is it just the missed ones?

Also, I got a collection call for an old debt in 2001 that was not listed. Some very old debt that's more than 7years old and not on credit reports were not listed. Since my case is expected to be No asset Chapter 7 should I expect ALL unsecured debt to be automatically discharged and it wont matter that all the older debt is not listed?

Thanks for all your support!

[justbroke]

Do you have the NOLO Guidebook or some other guidebook for filing? The Nolo guidebook covers most of these questions.

I have two questions about Amendment. First for Schedul B line 25, was I supposed to list the vehicle that we owe on? or Is that just for vehicles owned free and clear?

Schedule B is for ALL personal property that you own. Believe it or not, you actually are the registered owner of the vehicle that has a lien on it, and it must be listed. The value is not what you ow on it, but what the vehicle is worth. You would list the actual secured debt on Schedule D (Secured Claims).

Let me add a side-note. The judge and Trustee's attorney are being very very nice to you. The Trustee could have just seen no exemptions and demanded all the property.

Second, for Schedule F and Creditors Matrix, adding missed creditors, do I list all the creditors already listed plus new creditors on both F and Matrix? Or is it just the missed ones?

You need to read your Local Rules for this. If you don't know anything about finding the local rules, please contact your Case Manager and ask a "procedural" question. Always start it with "I have a procedural question...". The cannot and will not answer questions of law, like "what statute should I use on Schedule C to exempt something". This is District specific so you need to ask.

Also be aware that the local rules (and FRBP) require the payment of a fee for amending your schedules. You may also have other requirements from the FRBP about who you may need to serve the amendments as well as your Statement of Intentions (SofI) and the Notice of Bankruptcy to.

Also, I got a collection call for an old debt in 2001 that was not listed. Some very old debt that's more than 7years old and not on credit reports were not listed. Since my case is expected to be No asset Chapter 7 should I expect ALL unsecured debt to be automatically discharged and it wont matter that all the older debt is not listed?

This is a District specific question on whether a "no asset" Chapter 7 case discharges all debt that existed prior to the petition date. You should always list all original debt and collectors for that debt regardless, just to make sure. If they call, tell them you file and the filing date and case number. Please see my blog for all sorts of things pro se.

Unfortunately, it reads as though you made some mistakes and the Trustee is being forgiving. You could have lost property based on inadequate scheduling of debt, or, worse, had your case dismissed with prejudice for failing to list all property.

I think you're very very lucky. I'd get this all done and filed before the 341 Meeting. You may not have so much luck at the 341 Meeting since the hearing you were at was for something totally different.

[mcjcbk]

Thank u!

I did list the vehicle on Schedule B but as I was reviewing paperwork I second guessed it. I asked the Trustee's attorney if we should file Amendement before 341. He said to wait for 341 to discuss with Trustee ???

I will call Trustee for procedural question tomorrow.

Thanks for your help!

[mcjcbk]

Spoke to Trustee. He said to file be amendments before 341 meeting tomorrow.

I am also amending my Schedule F. I know I'm required to notify these newly added creditors of the 341 Meeting. Since my meeting is tomorrow and I'm mailing them notice today, do I need to fax a notice to them or should the mailing be fine eventhough if its after the fact? Clerk's office asked "how will they know that meeting is tomorrow?"

I thought since I could have amended Schedule F even after the 341 meeting it would be ok to just mail a notice since they would have gotten it after the fact anyway?

Should I spend time trying to fax to these newly added creditors?

[mcjcbk]

Got a hold of the Trustee again. He said no need to fax. Just mail them notice and file the Certifacte of Notice that they were notified

[justbroke]

The Trustee's office is being very nice to you. You should thank them several times!

[mcjcbk]

Had 341 meeting on 2/10/11. Went pretty fast and easy. US Trustee had two questions for us. What products did our business sell since we only listed Sales as nature of business and if all the credit card debt was related to that business (our debt was mostly business debt)

Trustee went through necessary questions then at end he asked for our Employer's address...We looked at each other as if we didnt know off hand then he asked if they were listed in the schedules. Said yes. He said you're good to go.

Why would he ask for our employers' address?

Report of No Distribution now on Pacer...We had amended our Schedule C right b4 meeting. Report says: Assets Abandoned (without deducting any secured claims): $ 33256.94, Assets Exempt: $ 0.00, Claims Scheduled: $ 1084848.82....

Eventhough Expemptions are $0 we should be fine since he abandoned all assets right?