Unemployed and want to file Chapter 7 on my own

[Gohurdler1]

But don't local courts have additional forms?

Hello,

I had visited the site but I wanted to know if they had additional forms required and not just the ones listed on Nolo’s bankruptcy book for chapter 7. I also wanted to know what the matrix needs to look like. I have no idea if it’s the same for all of the courts or if each one has their own thing etc.

Thanks,

 

[Ladynred]

There are NO OTHER FORMS, there is a standard set of forms for bankruptcy and you must fill out and file ALL of them for the Chapter you want to file. IF there are any additional forms for your local district they WILL be on their website. If you don't find any, there are none !

You have the NOLO book, they have filled-out examples of each form. There's no EXACT way to fill it out, each lawyer does it just a bit differently. If you want examples, sign up for a PACER account and look at some of the filed cases for your BK district. The different courts do NOT 'do their own thing', we're talking about FEDERAL law and forms here.

 

[Gohurdler1]

How much can I have in my account and BK software

Hello,

How much money are you allowed to have in your bank accounts for chapter 7(don’t have any now but recently got a new job)? Also I was living on my own until a few months ago and moved back in with family. I can’t find my rent records. Since I am no longer living on my own would I even need those (if I do I will have to call former landlord and ask for copies)? Also would I lump expenses such as landline, cell phone and Internet all together as one item?


I found this site https://secure.icandocs.org/bankruptcy/intro2_0.asp
The program is called Legal Genie™ Bankruptcy it appears to only be available for California residents. Has anyone had any experience with this software?

“How much does Legal Genie™ Bankruptcy cost?

For California residents that live outside of Orange County:

For $99.95 Legal Genie™ will produce all of the federal bankruptcy forms. If additional local forms are necessary, they can be obtained at the clerk's office of the bankruptcy court in your county.

California residents that live in Orange County have 3 options:

Option 1: For $99.95 Legal Genie™ will produce all of the federal and local bankruptcy forms necessary to file a Chapter 7 bankruptcy in Orange County, CA.
Option 2: For $299.95 you get all the services in Option 1, plus a Legal Genie™ attorney will review your paperwork after you have completed it and will tell you if you need to make corrections.
Option 3: For $399.95 you get all the services in Option 1 and Option 2, plus a Legal Genie™ attorney will also attend the hearing with you.”

Thanks,

 

[Ladynred]

How much money are you allowed to have in your bank accounts for chapter 7

Look at your exemptions. CA has 2 systems, choose 1 that fits your situation.
If there's a specific exemption for cash, then that's what you can protect. If there isn't, then it all gets lumped in with your exemption for personal property.

If you're not paying rent, then you don't need to list it, its not a current expense. If you paid your rent with a check, that would show up on your checking statements if a Trustee wants to see them.

Also would I lump expenses such as landline, cell phone and Internet all together as one item?

You're living with your parents, are YOU paying the phone bill ?? If your internet is part of your phone service, like DSL, then list it as 'phone and internet', list the cell separately. You could put cell on the same line, just add an explanation on the form that its for 'phone, internet & cell'.







"Legal Genie" ?? If you're going to spend that much money, hire a lawyer, you're still going to have to pay the filing fees on top of all that. That software isn't going to help you any more than the Nolo book, except maybe save you some typing.

 

[Gohurdler1]

Debt purchaser on my Credit Report

Hello:

I was finally able to get a free credit report from TransUnion, Therhttps://annualcreditreport.com blocked me because I didn't answer one of its security questions. Anyways I was reading it and saw Asset Acceptance LLC had looked into my credit report in 2004. I did a web search on the company and it looks like it buys old accounts and comes after people. I don't want to contact them, so I want to know, can I include them in the bankruptcy and (A) not include an amount or (B) just put an amount such as $800 or heck $1. Would even putting in a $1 get rid of whatever (dollar amount) debt they bought?

Thanks!

 

[Ladynred]

ASSet is bad news all around, they're at the top of the scumbag list.

Yes, you should list them, but would you have any idea what debt they're after ?? You sure don't want to call them from home, but you do need to find out what they've got. Call them from a pay phone, one that's a good distance from your home.

I believe if you list them and check that the debt is unliquidated (meaning you don't know what the amount is) you should be covered. Just make sure you list EVERY original creditor.

 

[Gohurdler1]

SHould I contact ASSet first or others?

Hello:

I don't know what debt Asset Acceptance could be after. I use to have the GM Card (Household bank but I settled with them year ago), The Good Guys (electronics store) credit card (Whirlpool financial don’t know how much I owe.) and an MBNA card (don't know how much I owe) years ago and they no longer are showing up on my credit report. I'm thinking those could be the old debts they purchased. I did have an old medical bill as well but I have no idea if that ever appeared on my credit report or not. I was going to just list that bill, and guesstimate how much I owed for that and the credit cards but I guess could list them as unliquefied.

I believe it’s the two credit cards but I should probably contact ASSet Acceptance via pay phone first to see what they have or should I contact the likely credit card suspects first?

Thanks!

 

[SkankCheese]

Hello:

I don't know what debt Asset Acceptance could be after. I use to have the GM Card (Household bank but I settled with them year ago), The Good Guys (electronics store) credit card (Whirlpool financial don’t know how much I owe.) and an MBNA card (don't know how much I owe) years ago and they no longer are showing up on my credit report. I'm thinking those could be the old debts they purchased. I did have an old medical bill as well but I have no idea if that ever appeared on my credit report or not. I was going to just list that bill, and guesstimate how much I owed for that and the credit cards but I guess could list them as unliquefied.

I believe it’s the two credit cards but I should probably contact ASSet Acceptance via pay phone first to see what they have or should I contact the likely credit card suspects first?

Thanks!

Don't make this harder than it has to be. I'm sure you're already stressed enough.
*67, and you can call them from your house without having to carry a handful of quarters to a payphone. That blocks your # from caller ID(shows up 'Private'). Call the collection company and fake the funk like you're trying to arrange payments, but need to get all the info (account number, amount owed, and original creditor) so that you can have a log-- or some other lame story like that. That's what I did. Just say you're going through your credit report and saw them listed, you wanted to know what accounts you have with them etc etc.
Of all the collection companies I called, only 1 asked me if I was planning to file BK. I just said, no I just wanted to know exactly what I would be paying on. Then when/if they asked me if I wanted to make a payment right then, I told them I would get back with them after I finished going through my credit report and saw what was what. If they start pressing- just hang up. That's much easier than you trying to wipe the cobwebs from your memory and pull creditors from your butt. You're over the phone, don't be afraid of them. They're not gonna sucker punch you or anything.

And if you KNOW you owe someone, include them- regardless if they're on your report or not.

 

[Ladynred]

67, and you can call them from your house without having to carry a handful of quarters to a payphone. That blocks your # from caller ID(shows up 'Private').

NO, NO NO !!!

Sorry, SkankCheese, but that will NOT work when calling a collection agency like ASSet - or any other for that matter. They are set up so that the usual blocks like that DON'T WORK, they will get your ACTUAL number no matter what !

In a case like this, believe me, you're better off with the pocket full of quarters in a pay phone !!!

 

[Gohurdler1]

CAVALRY PORTFOLIO SVCS another surprise on my CR.

Hello

I also noticed that CAVALRY PORTFOLIO SVCS was also listed on my credit report under the account reviews inquires section of my credit report. It didn’t list what debt etc they are holding. I am assuming Cavalry is like Asset Acceptance. I called ASSet from a pay phone and found out what debt they held. It was one of the old credit cards. I assume Cavalry has an old store brand credit card, which use to be under Whirlpool financial but they were bought out by some other company I believe.

I would have to assume that I need to contact Cavalry via payphone and find out what they have.

Thanks!

 

[Gohurdler1]

Statue of Limitations on old debt?

Hello,

I was reading that California has a statue of limitations for debt collection. I believe its 4 years. I am assuming that is why Cavalry Portfolio and Asset only looked into my credit report but haven’t listed anything on it. The debt they purchased, I haven’t made payments in more than 6 plus years. If I am correct are those companies out of luck? I haven’t contacted Cavalry yet but I do believe it was for an old credit card.

Should I still list the both on my bankruptcy?

Thanks,

 

[Ladynred]

Every state has an SOL, and yes, its 4 years in CA. What that means is that IF any creditor tried to sue you for a debt past SOL, you would have an affirmative defense to use to get their case thrown out of court.

The SOL has NEVER stopped ASSet or Calvary from contacting people OR suing them. ASSet in particular is notorious for suing on out-of-statute debts and they win all the time because people don't know their rights or the laws.

DEFINITELY list them both on your schedules, that will preclude either of them, and especially ASSet, from coming after you, ever.

 

[quest42]

Gohurdler1 -- We are in the same boat it seems... check your private messages for important info... please let me know if you find it useful.

 

[Gohurdler1]

Every state has an SOL, and yes, its 4 years in CA. What that means is that IF any creditor tried to sue you for a debt past SOL, you would have an affirmative defense to use to get their case thrown out of court.

The SOL has NEVER stopped ASSet or Calvary from contacting people OR suing them. ASSet in particular is notorious for suing on out-of-statute debts and they win all the time because people don't know their rights or the laws.

DEFINITELY list them both on your schedules, that will preclude either of them, and especially ASSet, from coming after you, ever.

Hello Lady,

I contacted Calvary using another phone in another city. The person I spoke with said she couldn’t find anything under my SS # or name. Do you think the Calvary Rep was being honest or saying no because they know that people are filing for bankruptcy to beat the law change deadline?

If I still wanted to include Calvary how would I list them since I don't know what amount they may or may not have?

Also, I know dumb question but I do not list student loans under as secured loans correct?

Thanks,

 

[Gohurdler1]

Hello All,

If I attend grad school, will I still be granted new student loans even if I have a bankruptcy or will I be screwed (even though the student loans I took our before aren’t part of the bankruptcy)?


Thanks,