topic Re: Plan to file CH7 pro se in Bankruptcy

Plan to file CH7 pro se

Xyta — Tue, 28 Jun 2022 07:36:49 GMT

I am taking steps to file for CH7 pro se- I'm wondering if people would be generous enough to share their experiences with me. What worked well for you, what didn't, what you screwed up, what you would do differently ... etc. I also have some specific questions below.

background: I live in N IL. Early 30s, single, no kids, no property, no assets. I have about $10 and $25k in unsecured and $15k car loan (I'm planning on not keeping the car as I was just informed it needs a $7k engine replacement).

Specific questions as well: do I need to list all my "bank accounts" separately? I have some internet bank accounts (Go, Chime, Level, DoorDash Direct etc) that all have a zero balance. Will the trustee want these statements? It's a lot of paperwork and history to hunt down for zilch.

I have charged off bank accounts, do these need to be listed? If I in good faith forget about a debt or collection, and inadvertently leave it off, what happens?

I also have $2500 bail money on deposit with a separate county. Because I was arrested, my friend posted the bail and I paid her back about a week after getting out. What's the likelihood the trustee will try to recover this money from her? After my hearing(s), I expect about $1500 of it will be returned to me.

Has anyone experienced filing BK with an IRS OIC in process? I'm curious how those two things will interact. Also, if I haven't filed my 2021 taxes yet (I have an approved extension), do I need to include the anticipated refund on the BK ppwk? Since I haven't filed, I'm technically not expecting a refund.

Before deciding to file, I'd also applied for a Cap1 card and was approved (it hasn't even come in the mail yet). Will Cap1 close this once they get wind of my filing? Will opening this account so close to filing have an adverse impact on the proceedings?

I'd received a check from my municipality for rental assistance because of Covid. Do I need to include this as "income"?

I know hiring a lawyer would be best, but I can't afford that and can't wait the month or more it would take to pull that money together.

Re: Plan to file CH7 pro se

righthererightnow — Tue, 28 Jun 2022 22:31:07 GMT

Great questions.. definitely check out these links, and wander around the forum if you haven't already:

https://ficoforums.myfico.com/t5/Bankruptcy/Bankruptcy-FAQs/td-p/74796

https://ficoforums.myfico.com/t5/Bankruptcy/BK7-Guide-Filing-to-Discharge-What-to-expect/td-p/5678881

I didn't get a lawyer, I used Upsolve instead. It worked, but it was clunky (I live in a rural area and got reeeeeeeeally lucky on filing). Whatever you do, be very thoughtful and careful, these are serious legal forms. Also... try to find ALL debts and list them all, so they can all be discharged.

Hopefully some of the amazing folks here can help you with the answers to your questions.

Re: Plan to file CH7 pro se

cynicaldragon83 — Wed, 29 Jun 2022 20:31:07 GMT

@Xyta wrote:
I am taking steps to file for CH7 pro se- I'm wondering if people would be generous enough to share their experiences with me. What worked well for you, what didn't, what you screwed up, what you would do differently ... etc. I also have some specific questions below.

background: I live in N IL. Early 30s, single, no kids, no property, no assets. I have about $10 and $25k in unsecured and $15k car loan (I'm planning on not keeping the car as I was just informed it needs a $7k engine replacement).

Specific questions as well: do I need to list all my "bank accounts" separately? I have some internet bank accounts (Go, Chime, Level, DoorDash Direct etc) that all have a zero balance. Will the trustee want these statements? It's a lot of paperwork and history to hunt down for zilch.

I have charged off bank accounts, do these need to be listed? If I in good faith forget about a debt or collection, and inadvertently leave it off, what happens?

I also have $2500 bail money on deposit with a separate county. Because I was arrested, my friend posted the bail and I paid her back about a week after getting out. What's the likelihood the trustee will try to recover this money from her? After my hearing(s), I expect about $1500 of it will be returned to me.

Has anyone experienced filing BK with an IRS OIC in process? I'm curious how those two things will interact. Also, if I haven't filed my 2021 taxes yet (I have an approved extension), do I need to include the anticipated refund on the BK ppwk? Since I haven't filed, I'm technically not expecting a refund.

Before deciding to file, I'd also applied for a Cap1 card and was approved (it hasn't even come in the mail yet). Will Cap1 close this once they get wind of my filing? Will opening this account so close to filing have an adverse impact on the proceedings?

I'd received a check from my municipality for rental assistance because of Covid. Do I need to include this as "income"?

I know hiring a lawyer would be best, but I can't afford that and can't wait the month or more it would take to pull that money together.

I also filed pro-se, using Upsolve like the poster above me. It's a GREAT resource and makes everything easy to understand and follow.

If you aren't expecting a refund at all, I'd do the tax return now as the trustee will ask for it. Mine asked for the last two years.

Regarding the charged off overdrafts, try to figure out how much they are and who the creditors are. While most no-asset cases will have debts wiped out even if they aren't on the petitions, it's just a good idea to have them all on there just in case, mainly so they can get notified of the filing. Worst case, you can file an amendment after the fact. (I also just went through this....thought I had them all, but then got a letter from a collection agency that wasn't on my credit reports. It will cost $32 when you do file the amendment, though.)

Capital One will probably need to be listed on the petition as a creditor, even if there is no balance. They WILL close the account once they get notice. (I had two Chase cards in good standing closed, abeit with small balances on each one.) Opening cards right before bankruptcy is severely frowned upon and could be seen as fraud, plus Capital One could object to its discharge if the card has a balance on it. Perhaps you can go and close the card before you get it.

As for the check for rental assistance, I wouldn't count it as income exactly, but you can count it as cash on hand. You can deposit it but withdraw the money and pay rent right before filing. Get a receipt in case the trustee asks about it when they are reviewing your bank statements. You will want to have as little cash in the bank as possible when you do file, and that's the amount you're going to put on the petition.

Hope this helps!

Re: Plan to file CH7 pro se

TRC_WA — Wed, 06 Jul 2022 16:48:26 GMT

Good luck! Let us know how it works out!