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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My Mother-in-law defaulted on 4 credit cards with the same

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My Mother-in-law defaulted on 4 credit cards with the same bank. The bank's lawyers have filed 4 seperate civil cases against her in California Superior court. She had to make payment agreements with the court to file her answers (pro se) with each case. She has paid about $500.00 to date and owes another $500.00 in filing fees. As of 10/01/10, she filed her BK Chapter 7 case ( pro se ) and has a case number. This is an automatic stay for all of her 4 state cases correct? Will she have to continue making those CA. court payments? Does she file an amended notice to the court and their lawyers about the BK case number? Thanks, Tom
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi Dustang,

Upon filing the Bankruptcy, there is an automatic stay for all court proceedings and all collection a

Customer: replied 3 years ago.
She will not have to make any of the remaining filing fee payments to the CA. Courts?
How should she inform the CA. court of the BK case number?
Thanks, Dustang
Expert:  cfortunato replied 3 years ago.

Sorry! My answer was cut off. Here is the whole answer:

Upon filing the Bankruptcy, there is an automatic stay for all court proceedings and all collection efforts.

Additionally, she should stop paying all unsecured creditors right away. The Bankruptcy court will send notices to the court and also to the creditors and their attorneys.



Edited by cfortunato on 10/5/2010 at 10:30 PM EST
Customer: replied 3 years ago.
This does include the CA. SUPREME COURT FILING FEES?
sorry, I have to verify that before I tell her to stop making her payments to the court.
Thank you,
Expert:  cfortunato replied 3 years ago.
Yes - she is supposed to stop making all payments, including to the Supreme Court for filing fees. Just make sure that she did list these cases in the Bankruptcy paperwork (on the Statement of Financial Affairs). If she did not, she will have to add them by filing an amendment.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Would this (below) be the correct proceedure?

1.Give written notice of her intention to amend her statement of financial affairs to the trustee.
2.Type the corrections on line 4 listing all the case numbers,etc. and note on the top of the form that it is amended.
3.File the form with the clerk.

How do we give the trustee her notice of intention to amend?

Thanks, Customer
Expert:  cfortunato replied 3 years ago.

Were these debts included on Schedule F (Unsecured Creditors)?

 

Customer: replied 3 years ago.
Yes, They were itemized on Schedule F.
She just forgot to state the 5 lawsuits against her from her credit card co. on the statement of financial affairs.
Expert:  cfortunato replied 3 years ago.

This is the procedure:
1) Fill out an Amended Statement of Financial Affairs (SFA), which is a form exactly the same as a regular SFA, but she would write "AMENDED" across the top of the form.
2) Send a copy to 1) the Bankruptcy trust 2) the United States trustee and 3) file a copy with the Bankrupcty court clerk.

 



Edited by cfortunato on 10/6/2010 at 9:08 PM EST
Customer: replied 3 years ago.
What is 1) the Bankruptcy trust? Is 2) her Bankruptcy Trustee? I understand, bankruptcy court clerk.
Does she ask the court clerk for a mailing address of the trustee? or is it just filing an extra copy to the attention to the trustee? Thank you.
Expert:  cfortunato replied 3 years ago.

Each Bankruptcy case is assigned a Bankruptcy Trustee. His or her name and address will be listed on the "Notice of Chapter 7 Bankruptcy Filing" that she should have received when the Bankruptcy was filed with the clerk - either at the same time, or the next day.

Each case also has a United States Trustee, the name and address of which is also on the Notice. If you have trouble finding either, you can call the court clerk for the information.

She has to send the copies to each Trustee - the court will not do it.

(By the way, there are 2 Trustees for every case, and each case has the same US Trustee, but each case has a different Bankruptcy Trustee.)

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for clarifying that about the two trustees. She has not been informed of either trustee at this point. we will inquire with the court clerk. Thanks, XXXXXXXXX

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