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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15830
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I just filed for bankruptcy in California recently. My paralegal

Resolved Question:

I just filed for bankruptcy in California recently. My paralegal filled out the paperwork. He mistakenly stated that my average estimated income is about $1800 a month. It is actually only about $1525. He said it shouldn't be a problem, but that I could change it at the court after I filed if I wanted to. Should I be concerned that the court would disapprove of this discrepency and file a change or just let it go? Also, I was thinking of moving to another county after the court date. Is that okay or do I need to wait a period of time before I can move? Finally, I have some land where the payments need to be reinstated I guess. What is the process on that? Thank you for your time. Mike
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.
one you have to file an amendment to your schedules prior to the court date, you are responsible since you signed it and were supposed to review it.

I would not move until the final discharge, if you want payments to land you would have to reafirm that debt with the company itself.
Customer: replied 5 years ago.
But what I'm wondering is the $300 discrepency viewed in a bad light. Is it that serious?    Also, if I just work for the summer in southern california would that be a problem? Thanks, Mike
Expert:  WALLSTREETESQ replied 5 years ago.
if it is a chapter 7 it is no problem in fact benefits you. Working in the summer, is not a problem you just have to advise the trustee and adjust your monthly income to account for the possible extra income.
Customer: replied 5 years ago.
How does it benefit if a chapter 7? Mike
Expert:  WALLSTREETESQ replied 5 years ago.
in a chapter 7 the house could be sold in an auction, and all of you debt would be thrwon out, you could keep your house also but it would be upto the trustee, the chapter 13 is better as you could withdraw and refile, and forestall the foreclosure at any time, also if you are behind in payments you could make a plan to pay it off.
Customer: replied 5 years ago.
I'm sorry, what I meant was does a $1800 monthly income filing, when the actual is about $1525+ cause a problem in the court proceedings? Should I file a change to the $1525-$1600 level to avoid problems or does it matter that much? Sorry for the misunderstanding. Mike
Expert:  WALLSTREETESQ replied 5 years ago.
you have to change it to what is would be, you do not want to commit a violation, it will not hurt your bankruptcy

chapter 7 works likes this if your monthly income is less than expenses you qualify, if your yearly income is less than the state median you are fine
Customer: replied 5 years ago.
Thanks. I went to the Bankruptcy Court today and asked for the paperwork to change my income level. They only gave me a website with over a hundred forms I could download--confusing! Should I file another schedule I or is there another form to fill out? Could you let me know which one to use. I will pay a little extra if the info. is helpful. Thanks, Mike
Customer: replied 5 years ago.
I forgot to mention that the website is www.caeb.uscourts.gov as you may already know! Thanks, Mike
Customer: replied 5 years ago.
Can anyone help with this question? Thanks, Mike
Expert:  WALLSTREETESQ replied 5 years ago.
the easiest way is to fill out a schedule I with the new numbers only. Place the word "AMENDED" on top, of the pages.

Make a copy of it on a disk as a PDF FILE. GO TO THE CLERK WITH THE AMENDED FORM AND DISK, AND TELL THEM TO FILE AND GIVE THE AMENDED ONE TO THE TRUSTEE AT THE HEARING.

ALSO MAIL THE AMENDED SCHEDULE TO THE TRUSTEE ASAP, WITH YOUR CASE NUMBER XXXXX IT.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15830
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you very much. I will pay by tomorrow as I need to put some cash in the bank. Thanks for your patience. By the way, can I hand in the paper only if I can't get the disk made? Mike

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