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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-19-2005, 09:43 AM
Junior Member
 
Join Date: Apr 2005
Posts: 4

Filling in the Forms BK7


What is the name of your state?NY

I am starting to prepare my paperwork, and I have a few questions. Sorry if some may be similar to ones I’ve asked in the past but I just want to be thorough.

1. When listing creditors and collection agencies on schedule F. I know to list the original creditor first, followed by any collection agencies. Do I reenter the amount owed or put something like “see ‘original creditor’”? Also I have one collection agency that actually has several of my debts. Do I list this agency after each of the original creditors on my schedule F? And on the matrix do I list it just once?

2. I have read through many of the posts regarding judgments. I have several entered in against me. I cannot get an attorney; there is just no way I can afford one (I have purchased the Nolo Press book). Currently though the judgments are entered against me I have no garnishments or levy against my paycheck and bank accounts. I hope to file before that happens. Are those the big issues for needing an attorney? What else should I be aware of regarding filing Ch. 7 with judgments?

3. I have one creditor, which is the Parking Violations Bureau for the City of Buffalo. This debt is only about $78, since this would be a nondischargeable debt should I pay it off now so I do not have to list it on my bankruptcy?

4. In NY the exemption for wages states “90% of earned but unpaid wages received within 60 days before & anytime after filing”. What does that mean? I am paid weekly, does the 90% apply only to the unpaid weeks wages or is the trustee going to want 10% of every paycheck for 60 days prior to filing and all paychecks after filing?

Thanks for any help you can give me.
  #2  
Old 05-19-2005, 06:38 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
1 - List the highest amount showing for the debt on the original creditor's entry. Just list the CA's with ditto marks in the amount. List the one CA with multiple debts after EACH of the Original creditors, it makes the connection between the CA and the original debt.

2 - There are lots of things that could go wrong. If you have any liens from those judgments, you'll have to file a separate Motion to Avoid Lien to get rid of them. Judgments are made null and void by your discharge, but you will still have to have them vacated in your local court to kill them completely.

3 - No. Pay it later. You don't want to be paying ANY creditors just before you file.

4 -That's only if you might have to pay the Trustee for something. The Trustee isn't going to garnish your wages otherwise.
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  #3  
Old 05-19-2005, 07:38 PM
Member
 
Join Date: Mar 2005
Posts: 73
He who has himself for a [URL=http://www.directlex.com/]lawyer[/URL] has a fool for a client.

Ladynred is right. Anything can wrong. I find it hard to believe you can't afford an attorney. How many have you spoken with? Have you spoken with them regarding a free consult or have you just called for prices? The amount of money you spend now for an attorney will be far less than the attorney you pay to fix everything if you screw it up.

Granted, the [URL=http://www.bankruptcycreditcounselors.com/law/]new bankruptcy law[/URL] requires attorneys to tell you that "you don't need an attorney to file bankruptcy." You don't. You don't need a mechanic to fix your car either. If you don't know how to fix your car, there are also books you can buy to teach yourself how to do it. I don't think nolo sells them, you'd have to try Chilton's.

Do yourself a favor and get a free consultation.
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