Ch 7 No assets

[Angilix]

I go to file tomorrow

There is some trepidation. Thanks with the form help, Lady.

The mailing matrix. I dont see a form for that. Is that a form I create myself?

 

[i'llBEback]

There is some trepidation. Thanks with the form help, Lady.

The mailing matrix. I dont see a form for that. Is that a form I create myself?

Yes the mailing matrix, you do create it. There should be a discription on how to type it up in the filing package.

BOL

 

[Angilix]

Thanks. I also found it for AZ at the following site

http://www.azb.uscourts.gov/azb/documents.nsf/2e28656300902d4988256a1c0000a6b5?OpenView&Start=1&Count=250&Expand=5#5

 

[Angilix]

Filed today, got home, realized thatI forgot two

creditors. Ballys 11.00 per month, and Net Zero 9.95 per month.
I am not interested in filing against them but what will my trustee say or do?
Is this bad?

 

[Ladynred]

People forget creditors all the time. Can you pay off what you owe them ??

According to some case law, if your case is a no-asset Ch 7, then ALL debts are discharged anyway as there would be no assets to distribute to any creditors and they would neither gain nor lose anything anyway.

 

[Angilix]

My apologies, Lady I should have said

that I don't want them added as creditors. They are automatic payments--only 20.00 a month. I wonder if the trustee will find out, and say it's fraud or something. That all creditors should be added. Or is this a non-issue?

 

[Ladynred]

Well, you are supposed to list ALL creditors. Paying some while asking to not have to pay the rest is preferential. I don't know that the Trustee would 'find out' unless you're asked to produce bank statements that show payments to those creditors.

 

[momtobabyzac]

please excuse me if this sounds ignorant, i'm new to this, but do you owe these people a debt for services already rendered? I was under the impression that these were recurring expenses. if so, wouldn't they just be listed on your living expenses: internet= $9.95 and health club dues= $11.00.
(I'm assuming that's bally's gym dues, i'm in backwoods arkansas and that's the only ballys i can think of) i may be way off base maybe one of the regulars here will correct me or elaborate. good luck

 

[Ladynred]

Ahh.. missed that... "Mom" is right, internet access and a gym membership would be listed as monthly expenses.

 

[Angilix]

I received a NOTICE OF DEBTORS NOT REPRESENTED BY

AN ATTORNEY from the clerk when I filed. One paragraph read:

LIEN AVOIDANCE

While many liens on property survive bankruptcy , certain liens may be avoided. The clerk's office cannot advice you on which liens may be avoided. However, if you file a motion, the following procedures apply.

You must file a written Motion to Avoid Lien. It must identify the lienholder. The motion must also include your name and bankruptcy case number including judge's initials. With the motion you must submit a Notice of Motion to Avoid Lien. The form for the notice may be obtained from the clerk's office, however, we DO NOT have any forms for the motion itself. It is your responsibility to serve a copy of both the motion and the notice upon the lienholder. Service may be made by first class mail, postage prepaid.
An Affidavit of service must be filed after service has been made. If the lienholder fails to file a response, a certificate of service and of no objection may be filed with a form of order avoiding lien. If a response is filed by the lienholder, a hearing will be set before the judge.

If your bankruptcy packet includes a form for the motion to avoid the lien,(it doesn't) it must be filed separately. DO NOT attach it to your petition.

Now I have a lien against my wages. I thought filing will take of that. Do I have to file these motions? What type of liens are they referring to? Wage liens? Or are they referring to property such as real estate?

I also recived a notice from my lienholder called Application and order of Continuing Lien (Garnishment). Should I be concerned?

 

[Ladynred]

You need to call the 'lienholder' and inform them of your bankruptcy, give them your case number. ALL collection activities MUST CEASE once the automatic stay goes into place when you file.

 

[Angilix]

I will although I'd be surprised they do not know by

now. I filed Friday 13th and have already received my confirmation back.

I just suspect that this 'Lien Avoidance' that the packet the clerk gave me refers to something is else .i.e liens that survive the discharge of a bankruptcy.

 

[storybookjim]

Geez, ladynred. Angilix seems to be a sincere 7 filer. Disappointed to see you refer to anyone as a scumbag be it creditor or debtor. Even if it's just a rhetorical comment.

 

[Angilix]

Lady has been quite ladylike to me.

You have apparently confused posts.

 

[storybookjim]

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.

Yes she has been helpful to you. Very helpful. To many people it seems. Including myself. She is an asset to this site. Most posters in this forum are debtors, not creditors so they would not take exception to this remark. I'm an individual, like you. But I'm a creditor and I found it offensive.