BK Process after filing

[buzzstpoint]

Whats the process?
I filed (In person), and was awaiting papers in the mail on instructions on what to do. But all I got was a receipt for the court fees. When I called for my case number she gave me the hearing date and time. Is there any further contact? Or just the 341?

Do I bring my tax returns to the 341 or mail them in?

Who Notifies my mortgage holder of the Statement of intentions? The BK court or do I have to send one out?
Waiting seems more stressful then filing.

Also is it customary for banks to freeze checking accounts?
My wife has about 15 bucks in the account and tried to use her debit card but it wouldn't authorize. Dont know if it's was a glitch or something. I have 13 in my account, might try it tonight. Also we have our mortgage with the same bank.

[Lalalink]

Go ahead and do your post-bk financial education counseling and file the certificate with the bankruptcy clerk. We used Hummingbird.org for our pre- and post-bk classes. It was the cheapest for us in NC. Not sure what the cheapest is for WI.

As for paperwork such as tax returns, copy of driver's license, copy of social security card and bank statements, we took them with us to the 341 meeting. The trustee did not even want our bank statements and handed them back to us (he did take the other stuff, though). He did however want our Summary Plan Descriptions and quarterly statement from our 401(k) plans. We did not have these at the 341 meeting and just mailed them to his office (his contact information was on our "Notice of 341 Creditors' Meeting" that the court had mailed to us soon after filing).

I've heard some trustee's will contact you via mail and request what they want from you. However, ours did not. And in a "practice" 341 that I attended to see how they went, the trustee there had not requested or contacted any pro-se'ers prior to their 341's.

We did not have a mortgage, so I do not know if you are to mail your SOI to them. My guess is the court will handle all of that. If know one follows me up, please post this question again.

I'm sorry your bank accounts were frozen. We were lucky in that ours were not. But your case is not unusual at all (sadly). We prepared just before filing (just in case) and opened a checking account with debit card access with a bank that had no affiliations with any of our creditors... and we skipped Wells Fargo because they DO have a reputation for freezing in any bankruptcy whether you have a delinquent account with them or not (eventhough we had no credit affiliation with them).

Seriously, you have done the most difficult part. It is so easy to say relax now. I've been there done that. If you are not hiding anything and have completed your bankruptcy papers to the best of your ability, you will be just fine. I would suggest that you attend a 341 meeting as a person of the general public. It will TOTALLY put your mind at ease.

Hang in there. You are on your way to a new beginning. It feels amazing to be free of all the stress.

Best wishes,
Lala

[buzzstpoint]

I'm not sure the Checking accounts are frozen.. Just my wife couldn't use her debit.. Not sure if there was an authorization pending or what.. That I'll check tonight.

[IamOld]

Lala is right Wells Fargo WILL - repeat WILL freeze accounts even if you do NOT owe them any $$!! They are...unique in this regard.

Lala, why did the trustee need your SPD for your 401k???

[Lalalink]

My dh figured it was because he wanted proof of it's "qualified" status. For the sake of simpleness in my response above, I left out the fact that he also wanted the SPD for our Pension Plan; and he wanted the very first statement for our IRA Rollover acccount and the last years statement for this IRA account.

Lala

[IamOld]

Thanks lala!!!!! I only asked because asking for an SPD for 401k/403b/457 for a recognized employer, say, is just a waste of time...

[Lalalink]

We COMPLETELY agree(d), lol. And this is a MAJOR employer, lol. We figured he was just having a bad day; or was still flustered after our reluctant "yes" response that our business was still open and running; (See what I'm talking about on my OP here: Individual debtor filing a non-consumer; chapter 7 question about "20. Inventories" ).

FWIW and coincidentally retirement planning IS our expertise. So, we brushed it off as it was not his expertise.

Lala

[IamOld]

We COMPLETELY agree(d), lol. And this is a MAJOR employer, lol. We figured he was just having a bad day; or was still po'ed that we had the "gall" to still be "operating" our business. (See what I'm talking about on my OP regarding... let me check.... I'll be back to edit this part )

Lala

Too funny! A fishing expedition to generate paper...there's no reasonable employer who has a halfway decent fund administrator that doesn't have an SPD!!!!

[LadyInTheRed]

Whats the process?
I filed (In person), and was awaiting papers in the mail on instructions on what to do. Do I bring my tax returns to the 341 or mail them in?

It is not the court's job to give you directions on what to do. It is your attorney's job to know what to do. Since you are acting as your own attorney, the court expects you to know what to do. If you have not already done so, read the Federal Rules of Bankruptcy Procedure and your court's local rules to make sure you don't miss anything. Many bankruptcy court websites have a lot of information that is helpful to pro se filers. You might also want to contact the trustee's office and ask if there is anything you need to send them.

Who Notifies my mortgage holder of the Statement of intentions? The BK court or do I have to send one out?

Federal Rule of Bankruptcy Procuedure 1007(b)(2):

(2) An individual debtor in a chapter 7 case shall file a statement of intention as required by § 521(a) of the Code, prepared as prescribed by the appropriate Official Form. A copy of the statement of intention shall be served on the trustee and the creditors named in the statement on or before the filing of the statement.

It doesn't say who shall serve the statement. But, I did a Google search and found many sites, including some bankruptcy court sites, saying that the statement should be filed with a certificate of service, which implies that it is the debtor, not the court, who must serve the statement. Also, since the statement must be served, "on or before" the filing, it makes sense that you would have to serve it. But, I don't know for sure. Hopefully, one of your fellow pro-se Chap 7 filers can answer that question.

[Kev1235]

Lala is right Wells Fargo WILL - repeat WILL freeze accounts even if you do NOT owe them any $$!! They are...unique in this regard.

Although I have heard of Wells freezing bank accounts, I have Wells and they did not freeze mine. I know because I deposited money and used mine post bankruptcy/pre 341. Also there is a way to get them unfroze as I have heard of people doing this. However I'm not sure how to go about it or if it's as simple as phone call or you need a lawyer involved.

Bring your most recent tax return to your 341 if your trustee doesn't request it. Also I chose to bring a copy of most of my other paperwork and leave it in the car just in case something was missing or got lost. As for the 341 as I've told many people. It should be cake. 60-120 seconds and you're done. Answer honestly, truthfully, don't share anything that isn't asked and you're done.

Also it isn't mentioned but when you arrive at your courthouse for your 341 and find the courtroom that your hearing is in, you may have to just step in the room around the time listed on your notice of 341 hearing. As for mine no one came out to get filers, no one announced the hearings were starting, and the door remained closed.

While you should try to inform yourself as much as you can as to court procedure as far as what is the next step. Usually even the court clerk will give you some insight as to what you do next. And court procedure isn't always listed somewhere.

It goes:

1.) File
2.) Receive notice of meeting of creditors scheduled in mail w/status of filing fee waiver if filed.
(should be received about a week after filing)
3.)Go ahead and do your money management course and submit that to the court with appropriate accompanying form.
3.)You may call your trustee's office and ask to speak with the bankruptcy paralegal. Ask he/she if there's anything you need to supply them with pre-341. Some may ask for tax return pre-341, some may ask you bring them to your 341.
5.) Attend 341
6.) Wait for discharge. Can be as early as 60 days after 341. Can be longer if there are complications. Pacer.gov can let you keep updated and see your case status. But they charge .08 per page, and I believe that's quarterly though.

[worldgirl28]

I would recommend signing up for PACER (http://www.pacer.gov/). For most people I've talked to (and myself), court documents/notices/receipts/etc. were posted to PACER before I received them, helping me keep up-to-date on what I had to send in, what the timeline was and what my creditors were doing. It's been a big help to me, also, to look at cases in my district that are Chp. 7, too. It's 0.08 cents/page quarterly so its not too steep - just be careful because those pages add up. Good luck!

[buzzstpoint]

Just wanted to update everyone here.

Had the 341 today (See Here)

Our checking accounts are not frozen but my mortgage account is, Kinda. earlier this month I tried to transfer the mortgage payment from my checking to my loan account online and it denied me. I called the 800 number and she called the collections department and said I could pay over phone and they would not unlock it because of the bankruptcy. So i drove to the local branch and she had to call the collections department. I was able to make my payment, it's a bit inconvenient to pay the home like this but not too great.

[Kev1235]

Yes pacer.gov is a good tool and .08 a page. They charge per quarter and last quarter my charges were waived because they were less than $10.00. Which was kinda nice. So try and keep it to a minimum and you may not even have to pay.