Ch 7 No assets

[Angilix]

What is the name of your state? AZ
I'm looking to file ch 7 No assets I have a judgement against me from a collection agency\law firm. I saw the advice to another member that reccommends not doing it pro se because of the judgement, but I have no choice. The judgement is garnishing my wages at 600.00 a month so I can't afford a lawyer, but I can file --just barely. All my bills are behind including rent. What are my chances, and what should I do. There are so many forms. It would be nice if someone could tell me exactly which forms I would need.

 

[Ladynred]

Without knowing the totality of your financial situation, there's no way anyone here can do that. Once you file, the garnishment MUST STOP, and its likely you could get the funds taken from you in the last 2 or 3 months returned IF you have a lawyer that knows how to get this done. You'll probably have a hard time getting that money back on your own.

My suggestion would be to get yourself a copy of the Nolo Press book "How to File Chapter 7 Bankruptcy" ASAP. You may be able to find it in the library, but make sure its not an ancient edition. The newest addition published is #11, changes that have been made in state laws may not be listed in an older version.

The filing fees are mandatory and are set by the bankruptcy court. You can file a form to ask to pay the filing fee in 4 payments, but the whole must be paid by your 341 meeting.

 

[Angilix]

Are you saying I can file before payingthe full amount

but must pay the full amount before my 341 meeting. If it takes a while before my meeeting that will give me the time to save the money to get a lawyer!!

If that's what you're saying you're a genius. How long does it usually take before the 341 meeting.

Lady, I also read your post about getting my previous garnisments back. That's awesome!!!

Thanks so much. You have given me hope. I was getting quite depressed.

 

[Ladynred]

Unfortunately, you won't have all that much time. The 341 meeting, by law, is supposed to be held 30-45 days after you file. Sometimes it will take longer because of case load, but usually it falls within the specified timeframe.

 

[Angilix]

That may just be enough time.

I make decent money. If I tighten my belt I believe I can do it.

 

[mymymy]

The filing fees are mandatory and are set by the bankruptcy court. You can file a form to ask to pay the filing fee in 4 payments, but the whole must be paid by your 341 meeting.

Just a side note.. here in Florida, the filing fees must be paid within 120 days and BEFORE your discharge will be granted, not before the 341.

 

[Karrhod]

Also in arizona, When I filed the petition I didnt have to have any money, 10 days later I gave them my creditors mailing list and 50.00 ..now 30 days from that 80.00, then 30 days from that 79.00

 

[Angilix]

Looks like the same in AZ

I would be filing a voluntary petition os that correct?

 

[Angilix]

So you can file and give them the rest of the

paperwork later?

 

[Ladynred]

You can file what is called an 'emergency petition' which is just the voluntary petition (2 pages) and the mailing matrix (creditors names and addresses). That will drop the automatic stay into place immediately. You would then be REQUIRED to file the rest of your schedules within 15 days - or your case will be dismissed.

 

[Angilix]

Thanks, lady I will do that

The list of forms has a part II:
Part II
DIRECTOR’S PROCEDURAL FORMS

Do I have to fill these out also? Good grief!

I'm afraid Imight miss a form and mess the whole thing up! I know, get a lawyer. I will. Soon as I get the garnishments stopped.

 

[Angilix]

Reserved the Nolo book at the library today.

Naturally it's checked out.

Anyone know if I should list the collection agency\law firm and their client (my creditor) as two separate clients?

I'm afraid that if I list the total amount due (whivh includes the the lawyers fees), but list only the credit company. The collection agency\law firm can come back later and say that they were not listed as a creditor, therefore their fees are exempt from the discharge.

Ladynred, I spoke to a law firm today (paralegal), and they say they are willing to accept a lowered fee if I do some of the work. So that's what I'm trying to do.

 

[Ladynred]

You list the original creditor first, and list the TOTAL amount being claimed by the collection agency. The amount isn't all that important, just that you list the creditor. Underneath the OC, you list the collection agency for that same debt. For example, say you own MBNA, list them first. Then underneath, list the collection agency as : RE: MBNA, Scumbags, Inc. etc. etc., use "ditto" marks for the amount.

Director's Procedural Forms ?? Hadn't heard of that one, could be a local form.

 

[Angilix]

Thanks, Ladynred. It's the group of forms under

Part 2:
http://www.uscourts.gov/bkforms/bankruptcy_forms.html

 

[Ladynred]

I looked at them, I don't think you'll need any of those.

The standard forms are:

Form 1 - Voluntary Petition
Form 6 - consisting of Schedules A-J, Summary of Schedules, and the Declaration Concerning Debtors Schedules
Form 7 Statement of Financial Affairs
Form 8 - Ch 7 Individual Debtor's Statement of Intentions
Mailing Matrix
Required Local Forms