Posts Tagged ‘petition’

341 Bankruptcy Question…What paperwork do I need to bring?

I have a 341 meeting for a chapter 7 case on June 14th. Ive filed bankruptcy without an attorney so I don’t know what paperwork I need to bring with me.

I contacted the trustees office who’s handling it and they said they would need

2 months of bank statements
2 months of pay stubs
copy of petition
05, 06 tax return copy

Is there anything I will need to have with me on my person when I go to the meeting next week? Im without an attorney so I cant ask one

Technorati Tags: , , , , , , ,

I just filed chapter 7 bankruptcy. Do I continue to pay the loans I wish to reaffirm or wait until discharge?

My attorney just filed my petition for chapter 7 bankruptcy and I am going to a meeting of creditors in about 4 weeks. Do I continue paying on the loans i wish to reaffirm and try to catch them up (I am currently 1 payment behind on my car and i want to keep it) or do I wait until the meeting of creditors and just reaffirm? After reaffirmation will i have to catch up what i was behind, or do they just add what i was behind to the loan and allow me to make regular payments again?

Technorati Tags: , , , ,

what happens when you owe a debt to a company that filed bankruptcy?

I had a debt with Citibank but when I was unable to pay they sent the account to New Century Financial. Citibank has no record of my account. New Century Financial is listed on my credit report as the agency I owe the alleged funds to BUT they filed bankruptcy this year. Now it seems that New Century Financial has illegally sold my information to a law firm named Pressler&Pressler. The NJ state attorney general has a lawsuit pending against Pressler&Pressler. there is also a petition with more than 700 signatures saying that Pressler&Pressler has violated their consumer rights. I have already filed complaints with the FTC and NJ attorney general.
I am not disputing that I owe it and I HAVE been trying to pay it for some time but the recent agency that is trying to collect IS VIOLATING FTC LAWS. Like i said before there is a lawsuit pending in their collection practices because they harass and threaten people. They seize bank accounts illegally, they pay off judicial clerks and they also take money and never apply it to a person account.

Technorati Tags: , , , , , , , , , , , , , ,

Can this case be handled by a Bankruptcy lawyer or a Family lawyer or a civil right lawyer?

To whom it may concern

Here is a summary of the case:

I am a father of two children who are now 19 and 20 years old. I used to live in California. Now I live in Maryland since May 2008. During the divorce in 1992, the nightmare started with a family support order that was found to be fraudulent by the Federal Bankruptcy Court.
I was imprisoned for 35 days based on this fraudulent order and based on the DA of the County of Santa Clara California (DA hereinafter) , who testified that I was making ,000 a month, while I was unemployed.
Around 3/10/ 1999, the DA filed a claim for 5,000.00 to enforce pre petition child support arrears. The Bankruptcy Court denied the DA’s motion. The Bankruptcy court also ordered a new support order be entered.
Since 2000, a new support order was entered by the family court. It should be 0, but the DA had my wages garnished for 0 a month. My wages are still garnished to this day, even though my children are now 20 and 19 years old.
The DA has intercepted nine years of tax refunds post wage garnishment. The DA has also taken little money I saved post wage garnishment. The DA emptied all my bank accounts including the last one just a couple a months ago.
I had not one, not two but all three of my properties foreclosed while I was under bankruptcy protection. The DA took over a million dollar from the proceeds of the three trustees’ sale. But the DA acknowledges taking only ,000. I am homeless since 2000. I live in hotels. My credit is in the dump. I need your help to resolve this matter once and for all.
In September 2007, I received a letter stating that I still owe 5,000.00. I received another letter, from DA of Maryland, stating that I owe less than ,000.00. The numbers do not add up. I just found out the MD case was closed since May 2008.
Can this case be handled by a Bankruptcy lawyer or a Family lawyer or a civil right lawyer? Please advise. I hope justice prevails.

God bless America.

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

Ongoing Civil Case: Must file Bankruptcy…What's the best timing? now or after judgment? Thank you.?

I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. :) They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

Technorati Tags: , , , , , , , , , , , , , , , , ,

Does bankruptcy discharge attorney fees in a custody or child support case in TN?

I have filed a petition for contempt against my ex for non-payment of child support. In retaliation, he has counter-filed a custody suit against me. The custody suit is borderline frivolous and nothing more than a smokescreen to try and intimidate me out of pursuing the child support case. What I want to know is: if my ex files bankruptcy after he loses the cases in court, will that get him out of paying my attorney fees and court costs? I know that if this was simply a child support case then it would not discharge the fees, but since it is now a custody case as well, can he avoid paying my fees by filing bankruptcy? This is in Tennessee, by the way.

Technorati Tags: , , , , , , , ,

My wife and I must file bankruptcy – we need some advice?

We live in Washington. We own a home that has 95K in equity – but we owe the IRS about 85K. We have gone through the pre bankruptcy counseling and they say we HAVE to file – because we are in the hole 6K per month (long story – I owned a business and got very ill). My income is commission only – and I don’t have commissions coming in which is why I need to file Pro Se’. Basically – do I let the trustee sell my house? Do I need an attorney to make sure the taxes are discharged (they have been owing for over 3 years and over 2 years since I’ve filed – and also the 3rd rule I’ve passed too) because that would be horrible to walk away without them discharged. I have 2 cars I want to give back. If I file now – how long can i live in the home and when do I need to surrender the cars ? I don’t want to milk the system – I just want to find a place to live and have enough time to earn a commission (should be 30 days away)
They may have changed the rules – but I know you can do it pro se. The reason I would even try is I used to be a creditor rep that goes to court and I reviewed every petition to find fraud. I know most things – it’s just the tax lien stuff and the sale of the home I don’t. My attorney wants 00 up front. It is so embarrassing – I used to make K per week – and now I’m reduced to not being able to pay an attorney. Life goes on.

Technorati Tags: , , , , , , , , , , ,

Where can I locate bankruptcy documents online?

I’m trying to find out if there is someplace online to find bankruptcy documents (at not charge). Specifically, I’m trying to locate the chapter 11 petition for Agriprocessors Inc. It was just filed this week. Any help would be appreciated.

Technorati Tags: , , ,

Can an Employee offer lower cost services, similar but different as their Employer??

I am a Bankruptcy Paralegal for a firm that handles Criminal Defense and Bankruptcy Law. I would like to do a little side work as a Petition Preparer and offer individuals a lower cost option. I cannot offer legal advice or complete the process like an Attorney can, although I can draft all legal documents concerning the Bankruptcy for a small fee.

I have never signed anything with my employer as to side work.

Could they sue me if they found out? Fire me??
Just to clarify.

There has been no compete contract signed. The firm is a small firm, husband & wife, who are not very professional. If I lost my job I would be okay, considering taking a new position as is. I am not looking to take clients from the database nothing of that nature.

I am considering placing flyers out for Bankruptcy Options at lower cost. No Legal Advice.

My main concern is if I start this prior to taking a new position in a completely different field of law, could they sue me.

Thank you for all your responses!

Technorati Tags: , , , , , , , , ,

-->