Hi, I'd like to help you with your bankruptcy questions this afternoon.
How much was spent on the credit card(s) in the last three months?
last i used it was 04 2012
well my wife used it
When did you file your bankruptcy? And how much did she charge on the card on 4/12?
last 3 month from 04 for 07 $16
filed for banruptcy 06,25,2012
Oh, that shouldn't be a big deal...
but even before the 04 it was used
and there has been a payment
i got her own AMX and i had mine
so she thought she was using hers
no other card was used
with in 2 years
03/12 i see a payment of $ 70 to them
Payments to the credit card companies are okay, the Trustee will only look at your purchases.
no it was not used the card on 03 just a payment of 70
but would the trustee say why did you tell me nov
it was last used
Did you tell the Trustee that your wife only charged $16?
so 90 days before filing she used only 16 dollars
no i told him that the card was not used since nov 2011
Some people think it's a good idea to max out their credit cards right before filing, so that's probably what the Trustee was assuming.
i did not know my wife used it
he wanted all statments of all my credit cards
and i cant even get it
the only one i was able to get is amercan express
That's okay, it's an incidental purchase, you may have to repay the $16 though.
they say i need my atorny to write to them to get the statments
and i cant reach him
Can your wife get the statements?
no its not her card
Also, that information should be on your credit report (although it's often 4-6 weeks out of date).
she has her own
on her name
Okay, so the issue is that you casually mentioned a charge within 90 days and the Trustee suspected the worst... but it's really just an incidental $16 charge.
so they only look at the $90 days
i mean 90 days
For credit cards, yes.
but why did they ask me 6 month
Is there anyway to change my trustee
That's the relevant time period for other transfers (for instance, if you gifted a friend $100,000 four months before filing - you can't do that).
Unfortunately, probably not.
i'm seeing a 200 dollar payment also
It is pretty intense to grill you over such a small claim honestly.
These are payments from you to the credit card company, right?
they went to pay the card
sorry it was 300
200 and 100 in the same month
that is when i got my tax money
If the credit card companies had a problem with your usage, they would typically file a Proof of Claim, even in a Chapter 7.
Did you list the payment of the $300 and charge of $16 in your schedules?
this trustee was screaming at me at any word i said
If you didn't, you may need your attorney to amend your schedules.
i did not
It sounds like the Trustee is taking a hard line, so your attorney should probably amend your schedules.
i told him also it was not used with in 6 month
meaning amend by pushing off
for a later date?
He may have thought you were being untruthful because your attorney should have gone over your credit report with you prior to filing.
yea he thinks im being untruthful
i never did the billing or payments my wife does all that
so i have no clue about anything
i was the one to go the lawer
and had to call my wife for almost everything
No, have your attorney amend the schedules to reflect the $300 payment and $16 charge.
what if i cant reach him
i have the number to the court
It's a little silly, but it will help your image as far as the Trustee is concerned.
well the guy who sits next to the judge and writes stuff down
Your attorney doesn't answer, or is always out, or what?
i dont know
since he did my papers i cant reach him
does not answer call me back
Are you sure he was an attorney and not just a bankruptcy petition preparer?
it was filed free
If you only paid $200-$400, that probably wasn't an attorney.
no it was from nyc
for low income people they give you a free attorney
An attorney would charge you at least $1,000 or so upfront, before you file.
Oh, okay... your attorney may not do a lot of bankruptcy and not understand how to help you.
So what do I do?
If you give me a minute, I'll try to find the form you would use to amend your schedules... give me one sec...
sure thanks so much.
can you please explain the amend the schedules what does it do?
sorry for bothering you.
No problem... I'm trying to find the correct form you'd use to amend your schedules...
Did you file in the Southern or Eastern District of NY?
i think eastern
I'm making sure there's no special local form you need to amend your schedules
sure take your time
Do you remember the schedules you filed (they had the letters A-J and had your financial information)?
I have all the papers
where would I find it?
the form says B1 (official Form 1) (12/11)
that is the Petition from
is that what your looking for?
But you don't need to refile the entire thing... find where you put your other credit card debt (probably Schedule F) and add the $16 charge and the 3/12 date
You would make the necessary changes and file only the Schedules you change, then call it "Amended Schedule F" (or F, G, and H or whatever you amend).
I cant do I cant edit it
only the attorny can do taht
You probably need to do it manually and mail it in unless you have CM/ECF access.
Compare with your original schedules and make sure they're exactly the same except for the couple of changes you're going to make.
You should keep trying to contact your attorney to do this for you, as it will be easier.
An attorney can fill in the amended schedules and instantly file it online.
You would have to mail it in, and you could get in trouble with the Trustee if you do it incorrectly.
so I cant get another attorney to do it for me can I
You should try to get your attorney to do it first. If your attorney can't or won't do it, it shouldn't cost very much.
However, an attorney probably won't want to be associated with the case just to file the Amended Schedules.
ok Hope i can reach him.
So your best bet is your current attorney.
ok thanks so much
If you have a few minutes, I'll find you better forms
ok great thanks so much
It might be like 5-10 minutes, but I'm still here...
sure no problem
I think you would want to amend your Statement of Financial Affairs, Schedule F, and Schedule J...
Statement of Financial Affairs http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_007_0410.pdf
Schedule F http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_1207/B_006F_1207f.pdf
Schedule J http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_1207/B_006J_1207f.pdf
So I have to full out all 3 docs?
the whole thing?
On Schedule J, you would add the additional expense of the $300 credit card payment (pro-rated to show what you would pay in an average month, taking that $300 payment into account).
3a on the Statement of Financail Affairs is where you'd put the $16
I see 3 links
I'm sorry, I mixed that up... 3a on the Statement of Financial Affairs is where you'd put the $300 PAYMENT
You would print all of that out and fill it out if you're doing this yourself.
what do i put on F and J
You should find your copies of the original Schedules you filed and make sure they're all the same as before except for adding the $16 charge and $300 payment.
so what ever i see is what i have already
and i just copy it
On F, you put the credit card charge of $16
Or add $16 to whatever balance was already on that card in your previously filed Schedules
And on J, you'd actually increase your expenses because of the $300 credit card payment.
You'd prorate that over 3, 6, or 12 months, however you were usually paying and use that amount... not the entire $300.
If I pay you could you do it for me?
But again you should try to have your attorney do this for you... at least now you know exactly what to ask for.
I'm sorry, I'm not allowed to do that.
Thanks so much you have been a great help
Thank you, XXXXX XXXXX with your case!
Have a great weekend!
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