7-17-2012 Filed Chapter 7 Pro Se Today

[enriqueg8r]

Sent my filing via FedEx yesterday. Received a call from a young lady with the court letting me know that she received my file and that I was missing one page. She helped me download the file and I sent another package to her. She told me that I could call her back to get my case number in 2 hours. An hour later, another lady called me and gave me the case number. Very friendly and professional staff in the Northern Florida District!

As soon as I had the number I called Verizon Wireless Bankruptcy Department to let them know. I was expecting a possible service interruption tomorrow. The lady that helped me was very friendly and professional. She zeroed out my account and transferred to a new account number. She then asked me if I wanted to make any changes to the account. I got rid of one device (saved $50/mo). She then thanked me for being a Verizon Wireless customer and wished me luck with the rest of the filing. No deposits required.

Next, I called my local utility company. Everyone was friendly; however, they told me that they were going to apply my $925 deposit towards my past due bill. I'm pretty sure they can't do that. The deposit was an exempt asset. I'll have to talk to the Trustee about this.

Today is the least stressful day I have had in a long time.

[pamkev]

Hope everything goes as well as today has. Pam

[AngelinaCat]

Next, I called my local utility company. Everyone was friendly; however, they told me that they were going to apply my $925 deposit towards my past due bill. I'm pretty sure they can't do that. The deposit was an exempt asset. I'll have to talk to the Trustee about this.

Be sure and check that that deposit IS exempt. We were an Asset Ch7 case, and one of our assets was a $790.00 deposit with FPL light company. It was one of the things we had to purchase back from the BK estate....

[justbroke]

If you have a deposit on file with the Utility, that was on deposit BEFORE you filed, then that deposit is subject to setoff under 11 USC 366 (I'm not looking but I think 366 is the utility junk). Anything over the deposit would be refunded to you. The right of set off preempts your claim of any exemption, even if you could. I would only exempt the amount that you would receive AFTER the set off were to happen. For example, if you owe $800 and have a $925 deposit, then the exemption is $125. If you owe more than your deposit then you have nothing to exempt.

The utility will set up a new utility account and may require a NEW deposit... so be very aware of that! They can also require the new deposit within 20 days of notice. Most will work with you and give you time to pay the deposit.

As for the exemption question with the Trustee, they typically won't help with this since this is a legal question and they can't help you with those. The Trustee would only help, I think, if they could claw some of it back for the creditors. However ,the right of set off is very well codified in the Bankruptcy Code in 11 USC 366 and neither your exemption nor the Trustee's rights can affect their right to the set off of the deposit.

Congratulations on filing. Personally, I never recommend filing by mail for the exact problem you had. It's nice to go to the courthouse, get to know the "Clerk's Intake" staff and know where the courthouse is. As a pro se debtor, you need to know how to work with the Clerk's Office, your Case Manager, and know where the courthouse is! It also helps for figuring out parking since most of these Federal Courthouses are in downtown areas with limited or no parking.