Filed Today Pro Se - and - Fee Waiver Granted. Whew!

[crackedmuse]

Submitted petition yesterday. Clerk saw the Fee Waiver and warned me they are almost never granted and I should consider installments. Told him I would take my chances. Clerk then criticized my attached Schedules, saying they were too detailed (2 continuation pages each for I & J; 10 for B) and Judge would probably not read them, so suggested I remove them from the application. Told him I would take my chances.

Waiver Hearing this morning. I was last out of 6 people, and watched everyone grilled with questions and denied. Now I'm the only one left and starting to sweat, trying to figure out how I could possibly pay, when I'm called up and sworn in.

I was prepared with bank statements, invoices, receipts - even estimates from the dentist and ophthalmologist of procedures I needed. But before I could say a word or produce one document the Judge said, "You win the prize. These are the most thorough, complete, and beautifully formatted schedules I have ever seen in my entire life."

She then proceeded to quote specific items like, milk crates, flip-flops, extension cords, refrigerator magnets and 'The Truman Show' dvd valued at $0.25 from pages 7-9 out of my 10 attachments to Schedule B. (We agreed it was a great film). She then announced, "Waiver granted" and wished me a Happy New Year. No questions asked. No documents requested.

So for all you other anal-retentives out there, embrace what you do best. Monica Geller-Bing just may be your Judge!

[oregonpilot]

How cool is that.....you are on your way.
Good luck and the best to you!!

Both of our locations are "somewhere". LOL

[justbroke]

While your forms were really too-detailed, it did provide the judge a different view of you. That is, that you showed EVERYTHING that you had and were not hiding anything. Many people try to hide the value of property by using really large categories. I know that I specifically itemized any item that was worth more than $200 as a separate item on my Schedules. I didn't have 10 pages of attachments, but it was clear that I didn't leave anything out. (For example, my electronics and plasma TVs (2) were listed separately. Trustee never sent an appraiser to my home which is VERY common in Florida.)

Or the Judge just felt sorry that you actually had a Truman Show DVD! (just kidding!)

Congratulations on your first hearing!

[crackedmuse]

oregonpilot: Yes, it was VERY cool. I was quite surprised, and definitely relieved after witnessing the denial parade before it was my turn. And "somewhere" is a good location, because I plan to be out of here as soon as my case wraps up next year.

JustBroke, I agree about the "full" disclosure. Of course, I know it was unnecessary to itemize to the extent that I did, but I rather enjoy creating forms (lol). And with 3 big moves in the past 2 years, I've packed/unpacked enough to know every single thing I own. Great way to end 2011.

341 is scheduled for end of January. The good thing is that I assembled most of my documents in preparation for today, so I can just set them aside. If the Trustee isn't a fan of Truman Burbank, there's a Fight Club dvd listed we may be able to discuss!

"I know this, because Tyler knows this."

[doni49]

Welcome to the club. Hope it goes smoothly for you too. ;)

[keepsmiling]

Nicely done. I tip my hat to you.

It would take me the rest of my life to itemize every piece of carp I own. I have a recurring fantasy that I overvalue everything and they back a truck up to take it all
Too many junk here, as my friend's grandma used to say.

[hkdaisy]

Congratulations on getting the fee waiver! I guess it pays to be detailed. I am going to re-evaluate my schedule after reading this post to be more specific. Like Justbroke said, being in FL, I don't want the trustee to send someone over to my house. After moving around so much, I don't have much material things I hang on to anymore. Only old family photos are at the top of my list of valuables b/c they are irreplaceable.

[crackedmuse]

Thanks to all. It's nice hearing "congratulations" instead of, "no soup for you!"

I think for the most part, Waivers are strictly a numbers game. If the Judge feels you can pay - you pay. But the determination is based on your Schedules, so treat them as an opportunity to make your case and not just forms to fill out.

hkdaisy: Your post made me think I should have described what happened with those that were denied. Again, I believe numbers determine 99%, but as long as you're standing there make the most of it.

Answer what the Judge asks. Seems obvious, but nobody did it. Q: "Did anyone assist you in completing your forms?" A: "My sister has breast cancer." Q: "You're unemployed, yet making $200/month car payments. Where are you getting the money?" A: "The car is very old." Q: "Records show a previous bankruptcy, but this was not disclosed on your forms. Why?" A: "My business partner ran off and left me with all the bills."

It's a stressful situation, but listen to what's being asked, because the Judge nailed one person with this kind of extraneous info to prove their ability to pay.

Know what you wrote down. Two people got called out for inconsistencies and contradictions. Bring your application so you can refer to it.

Lastly, sob stories (at least with my Judge) were irrelevant. I think it's assumed that if you're filing something terrible has gone wrong. But if you feel you must explain, only tell the part that specifically relates to why you cannot pay the fee. Everything else is just water-cooler gossip for the staff.

[justbroke]

Bankruptcy is a technical process. It is all about the numbers.