Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-03-2003, 09:34 AM
rammbh
Guest
 
Posts: n/a

chapter 7 and filling out forms


What is the name of your state? ms
i am filling out my bankruptcy papers and doing this on my own. i need to know do you have to list all of your creditors? i want to keep 3 or 4 and pay them off and don't want them included in the bankruptcy.
also, i was living with my fiance and the wedding is called off and he has left. anyway, his name is on the loan for the house and land and also on the loan for a truck that i have and for a truck that we purchased for his son. i am getting my money every month for the son's truck and i am paying for the house and the truck since i still have both. i included the payment i get from the son as income - is this right? i also put former fiance name for the house and the trucks. is this right?
his name is still on the checking account. i don't have pay stubs since i am self-employed and work for my dad. he gives me a 1099 for taxes but i don't make copies of the checks i get from him when he pays me. i can start making copies but if the trustee asks for anything i won't have the- only copies of 1099's. do you think this would work if he asks for them?
does the trustee get to look at my credit report?
do i need to contact the creditors on the house and the trucks and let them know that i want to keep them and will be able to afford them and keep paying off the loans?
thanks in advance for your help!!!!!!!!!!!!!!!
  #2  
Old 04-03-2003, 10:28 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
i need to know do you have to list all of your creditors? i want to keep 3 or 4 and pay them off and don't want them included in the bankruptcy.
Sorry, you can't do it, you MUST include ALL debts. Besides, there is NO guarantee that even if you 'forget' to include a card in your filing that the creditor won't turn around and close the account on you anyway ! Most of them DO do this when they see the bankrupcty on your credit report, even if THEY were not included. Its basically a no-win situation. You can ASK the Trustee if you can keep a card or two but the Trustee makes the decision. My sister was able to keep 1 small-balance store card when she filed.

Quote:
i included the payment i get from the son as income - is this right? i also put former fiance name for the house and the trucks. is this right?
Yes, on both counts. The payment from the son for the truck goes right back out again for the payment so its a wash.

Quote:
do you think this would work if he asks for them?
Likely he won't but it wouldn't be a bad idea to make copies anyway. Pro Se filers are often asked for more back-up documents than those with lawyers. From what I've seen, they ask for more months of bank statements, tax returns and other such things. Making copies of the checks you receive isn't a bad idea either.

Quote:
does the trustee get to look at my credit report?
Not usually.

Quote:
do i need to contact the creditors on the house and the trucks and let them know that i want to keep them and will be able to afford them and keep paying off the loans?
Well, you can, but its not necessary. They'll get notice when you file. You must file your intent to reaffirm and you'll get reaffirmation agreements from them.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:19 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.