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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Can I change my statement of intentions

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Hi.

I filed Pro-se for Chapter 7 in the beginning of the year and haven't gotten discharged because I didn't do my income tax return until recently due to a big tax liability on which I couldn't make payments on. I recently filed my taxes and already sent a copy to the trustee.

Now, I'm worried about a statement on the "Statement of Intentions", I said I wanted to "re-affirm the debt" of my home and my car. I know now I won't be able to pay and consequently I need to give the property back to the bank and change my option to "Surrender the property". I haven't gotten a discharge yet.

Can I still change my intentions even though it's been like 10 months since I first filed for bankruptcy? If yes, do I have to file ALL THE FORMS again or just the corrected "STATEMENT OF INTENTIONS"? What is exactly the procedure I have to follow please?

Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 4 years ago.
If you change your mind during your case, you can file an Amended Statement of Intentions indicating your new intent. If you have already signed a reaffirmation agreement, you normally have to rescind the agreement in writing to the creditor within 60 days of the discharge.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
Customer: replied 4 years ago.
Just to make sure... you're saying that I still can make changes to my statement of intentions at any time, there is no time limit for that or any other changes like by example adding two more creditors as long as the case is still open and no discharge has been made. Is that correct? No flags will be raised by doing that? The judge won't think I'm trying to manipulate the bankruptcy law? I previously filed an amedment because my bankruptcy preparer made some mistakes on the first set of forms and I had to submit new corrected forms.
Expert:  JoeLawyer replied 4 years ago.
I have had clients change their mind many times in the middle of a Chapter 7, so we amend Statements of Intentions frequently. Judges and trustees rarely ask why, and if they do, as long as you have a rational reason for the change of heart, no one cares.

I do not believe red flags are raised by amendments; they are quite common.

I also have added lots of creditors for clients after the case was filed when they discovered that they inadvertently missed them. Again, this is fairly common and I do not believe it raises any red flags. Of course, the debts had to have been incurred BEFORE the bankruptcy case was initially filed; you cannot add debts you incurred after the bankruptcy filing date or this would be a problem.

And, I will add that if you said you owed $10,000 in credit cards on your initial paperwork and went to your hearing, and later tried to add on $150,000 worth of credit cards, then a red flag would go up; it would look like you made your debt look low to get through the hearing and then added on all the others, which would definitely not impress the court. But, if you are adding creditors that you could have reasonably overlooked during the initial filing, then I would be very surprised if it causes any problems.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
JoeLawyer and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you so much for your answer, very helpful, very clear. Thank you Joseph.
Expert:  JoeLawyer replied 4 years ago.
No problem, happy I could help.

Thanks for using JustAnswer!

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
Customer: replied 4 years ago.
Hi Joseph.
I've seen this problem before. I accepted your answer and it appears as if still needs to be accepted even though I paid for it already. This happens when you answer again, the system takes it as if I asked a new question and your answering this second question.
Do you know how to clear it and make it appear as accepted instead of waiting for action from me?
Expert:  JoeLawyer replied 4 years ago.
I don't have that ability, but this one shows as if it is Accepted to me.

I think if I am the last one to comment maybe it will be closed.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
Customer: replied 4 years ago.
Still shows as waiting for me for acceptance.
Oh well, thank you for your good work Joseph.
Customer: replied 4 years ago.

Hi, here I am again Joseph.

Since the old question never really closed and is still asking me to accept it even though it has been paid for, I'm just going to ask a second question to give you more business and see if it finally closes...

As I mentioned before I filed Pro-se for Chapter 7 in the beginning of the year and haven't gotten discharged because I didn't do my income tax return until recently due to a big tax liability on which I couldn't make payments on until now. I sent a copy of my return to the trustee since October but it seems they have forgotten about my case. Please tell me Joseph HOW DO I GET THEM TO LOOK AT MY CASE AGAIN AND FINALLY GET IT DISCHARGED? Is there a form I can file for a motion to enter a discharge like they do in Chapter 13?

I don't want a whole year to go by without resolving this Bankruptcy matter.

Thank you Joseph.

Expert:  JoeLawyer replied 4 years ago.
Sorry about the payment situation Nonita, I notified management to see if they can help...

Regarding discharge, the easiest thing to do is contact the case administrator at the Bankruptcy Court and advise them that your case should be eligible for discharge, and they will usually issue the discharge or at least be able to explain what the hold up is.

NOTE: You will want to be sure and file your Certification of Debtor Education before requesting discharge though (if you haven't already).

Assuming you filed your bankruptcy case in the U.S. Bankruptcy Court, District of Nevada, I went to their website, HERE. I tried to find a list of case administrators since sometimes it lists email addresses which makes contact easy, but I was unable to find such a list for the Nevada court.

So, you might want to call them and talk to your case administrator. Usually, they are assigned to cases by case number, so have it ready when you call.

The number is(NNN) NNN-NNNNif you are in the Las Vegas Division, or(NNN) NNN-NNNNif you are in the Reno Division.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
Customer: replied 4 years ago.

Hi Joseph.

I'm so sorry for delaying your new payment. I lost my Bank card and I'm waiting for the new card to be able to fund my account and then pay you.

By the way your response is again very useful, thank you very much!

I'll be paying you as soon as I'm able to fund this account. I'm on my way to check the mail again.

Expert:  JoeLawyer replied 4 years ago.
Glad I could help Nonita, thanks for using JustAnswer.com!

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
JoeLawyer and other Bankruptcy Law Specialists are ready to help you

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