filing in 1 week

[adkid22]

So I am filing pro se. I have the money set aside and I am working on the paperwork now. I had a few questions and had posted this in the chapter 7 forum, but may be better suited for this.

1) Are the government website formsthe best forms to use. It seems like the fillable forms are not offering the room needed and I don't see many links for continuation sheets. Would it be better just to request the packet of papers from the clerk?

2) Do the amount of the debt listed matter? I have several outstanding bills that never made it to credit report that I am listing. Can I just use "unknown"? also, I am afraid to list the debt because of incurred interest/fees that might make the amount I have listed wrong.

3) Do I list child support on schedule E if I am current? I am not behind, so I am not sure if it would be listed as a creditor.


4)When listing my creditors, can I mix and match between main creditor (as listed on my credit report and their acct numbers) and using unknown for account number and listing the main companies address for accounts that do not show up on my credit report.

5) Can I list the docket number for judgments against me as the account number or leave it blank?

6) When the question on the state of financial affairs ask if garnishments have been taken out within the previous year of filing, do I list the garnishment I have? It was 1st filed outside of a year ago, but it's been continuous.

[justbroke]

1) Are the government website formsthe best forms to use. It seems like the fillable forms are not offering the room needed and I don't see many links for continuation sheets. Would it be better just to request the packet of papers from the clerk?

They are the "current" forms and will always be the "best". The problem, as you now see, is that the fillable forms are set to a specific font size and sometimes this becomes problematic. May I suggest downloading a "trial" version of Adobe Acrobat? That way, you can edit the PDFs and even save them. The "trial" will expire in 15 days. Should you like the product, you can purchase it. (There are other products as well. I use NitroPDF which is slightly less expensive than Adobe's product.)

2) Do the amount of the debt listed matter? I have several outstanding bills that never made it to credit report that I am listing. Can I just use "unknown"? also, I am afraid to list the debt because of incurred interest/fees that might make the amount I have listed wrong.

No the amount listed doesn't matter. Try to be accurate though. If you're unsure, put "$1.00" and label it as "unknown" or "disputed" based on what you know. Don't worry about accrued interest, penalties, fees, etc. They all get discharged! You want to be as "truthful" as possible. List everything you know about.

3) Do I list child support on schedule E if I am current? I am not behind, so I am not sure if it would be listed as a creditor.

If you are not behind, then the only place that Domestic Support Obligations (DSOs) go is on Schedule J as an expense (Line 14: Alimony, Maintenance and Support).

4)When listing my creditors, can I mix and match between main creditor (as listed on my credit report and their acct numbers) and using unknown for account number and listing the main companies address for accounts that do not show up on my credit report.

Yes, this is fine. The key is to list ALL of the creditors so that they receive notice of your case. The credit report is the perfect place to find creditors, but realize that not all creditors report to the same credit bureau.

5) Can I list the docket number for judgments against me as the account number or leave it blank?

Judgments go on your Statement of Financial Affairs. There is space for that.

6) When the question on the state of financial affairs ask if garnishments have been taken out within the previous year of filing, do I list the garnishment I have? It was 1st filed outside of a year ago, but it's been continuous.

Absolutely. This is used to determine if the Trustee is going to "claw back" the garnishment and distribute it amongst all the unsecured creditors. No unsecured creditor is allowed to benefit more from your despair than the others.

Do you have a guidebook? It doesn't read as though you do. If you don't, I highly suggest you purchase one today. There's one from NoLo and it's an eBook (downloadable).

[sunshinepa]

In reading JBs response, I noticed he mentioned Adobe Acrobat. Just wanted to advise it can be downloaded and kept for free. I have it and have never paid a penny. Just google free adobe acrobat and you will get pleny of website to download and keep it.

[justbroke]

In reading JBs response, I noticed he mentioned Adobe Acrobat. Just wanted to advise it can be downloaded and kept for free. I have it and have never paid a penny. Just google free adobe acrobat and you will get pleny of website to download and keep it.

I would take caution with this. Many websites that offer free software, also provide you with absolutely free malware, viruses, and/or trojan horses. There are some legitimate free PDF editors, with all of them not being really good. Adobe products are licensed and require you to pay a licensing fee. If you see any Microsoft or Adobe products on a website claiming they are free, then you will get more than you asked for when you download them.

Caveat Emptor.

[adkid22]

Thanks for the answers to the questions you provided. I do have the NOLO guidebook, but sometimes it's not as thorough as I needed (or maybe I am dumb). I will list the garnishments.

I will try to adobe free trial, I am assuming I'll need it less than 15 days anyways, I am on path to be filed by then. I just want to make sure I don't mess anything up

[adkid22]

well, I ran into an interesting predicament this weekend.

I filled out all the paperwork (was planning on filing on monday). Took the debtor education course , received my certificate and went to eat.

Stopped by the casino just for a few moments and ended up winning a significant jackpot (~40k).

Now, I am almost 100% sure that ruins my bankruptcy chances since i haven't filed yet and this could pay off a significant portion of my debts, unless I can somehow exempt it. I received a 1099 for it and they did take out federal/state taxes.

I have not deposited into my bank account yet. I wish this would have happened after my discharge so I could really get off to a fresh start, but I can't really complain.

Most of my debt is interest charged because of judgments. (3800 judgment turned into 12k garnishment) and debt that isn't listed on my credit report.

What should I do? DO you guys have any options? I figured I can start calling my creditors and trying to offer 50% of what I owe to pay it off and then get a secured credit card?

Anyway I can exempt this money and get my dream fresh start?

[justbroke]

Yes it is a strange position to be in! You may try debt settlement but remember the offsetting taxes. It still may be worth filing bankruptcy and discharging EVERYTHING! However, the lookback might give you issues especially since you are pro se.

Additionally, I'd never offer 50%. I might start at 20% for debt settlement. Since you now have $40K, you can actually find an attorney to help you with this; the attorney that can give practical advice for your particular situation and current cash status!

[adkid22]

Yes it is a strange position to be in! You may try debt settlement but remember the offsetting taxes. It still may be worth filing bankruptcy and discharging EVERYTHING! However, the lookback might give you issues especially since you are pro se.

Additionally, I'd never offer 50%. I might start at 20% for debt settlement. Since you now have $40K, you can actually find an attorney to help you with this; the attorney that can give practical advice for your particular situation and current cash status!

thanks for the info, I definitely don't want to get myself into a situation with the off setting taxes. I know this definitely bumped me up a bracket from my normal income (mid 20k a year) and i'll probably owe taxes from that. I just don't want to make the situation worse.

Would I still see a bk atty? I wouldn't mind paying one now if it got everything discharged and I got to keep my cash (unlikely since I can't find the exemptions, plus it seems somewhat illegal)

[Kev1235]

IMO you need to seek counsel. BK attorney is where I would start as they will be schooled enough to know if you can still file Chapter 7 with 40k in winnings. I'm kinda doubting it too after looking at the exemption possibilities for Ohio. But never know. A quick phone consultation with a lawyer will probably give you a more positive answer at least. And most times it's free.