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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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Hi, i told the trusty that I last used my card nov 2011 he

Resolved Question:

Hi, i told the trusty that I last used my card nov 2011 he asked for a statements and i just got it. Now i see my wife used the card 3 month ago, and i have to go back on the 12th and he will see that that card was used 3 month ago what do I do?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Fritz replied 2 years ago.

Fritz :

Hi, I'd like to help you with your bankruptcy questions this afternoon.


 

Customer:

hi

Fritz :

How much was spent on the credit card(s) in the last three months?

Customer:

last i used it was 04 2012

Customer:

well my wife used it

Fritz :

When did you file your bankruptcy? And how much did she charge on the card on 4/12?


 

Customer:

last 3 month from 04 for 07 $16

Customer:

filed for banruptcy 06,25,2012

Fritz :

Oh, that shouldn't be a big deal...


 

Customer:

but even before the 04 it was used

Customer:

and there has been a payment

Customer:

i got her own AMX and i had mine

Customer:

so she thought she was using hers

Customer:

no other card was used

Customer:

with in 2 years

Fritz :
How much was the total amount charged on all credit cards (by you and your wife combined) in the 90 days before filing?
Customer:

03/12 i see a payment of $ 70 to them

Fritz :

Payments to the credit card companies are okay, the Trustee will only look at your purchases.


 

Customer:

no it was not used the card on 03 just a payment of 70

Customer:

but would the trustee say why did you tell me nov

Customer:

it was last used

Fritz :

Did you tell the Trustee that your wife only charged $16?

Customer:

so 90 days before filing she used only 16 dollars

Customer:

no i told him that the card was not used since nov 2011

Fritz :

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.


 

Customer:

i did not know my wife used it

Customer:

he wanted all statments of all my credit cards

Customer:

and i cant even get it

Customer:

the only one i was able to get is amercan express

Fritz :

That's okay, it's an incidental purchase, you may have to repay the $16 though.

Customer:

they say i need my atorny to write to them to get the statments

Customer:

and i cant reach him

Fritz :

Can your wife get the statements?


 

Customer:

no its not her card

Fritz :

Also, that information should be on your credit report (although it's often 4-6 weeks out of date).


 

Customer:

its mine

Customer:

she has her own

Customer:

on her name

Fritz :

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.


 

Customer:

so they only look at the $90 days

Customer:

i mean 90 days

Fritz :

For credit cards, yes.

Customer:

but why did they ask me 6 month

Customer:

Is there anyway to change my trustee

Fritz :

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).


 

Fritz :

Unfortunately, probably not.


 

Customer:

i'm seeing a 200 dollar payment also

Fritz :

It is pretty intense to grill you over such a small claim honestly.


 

Fritz :

These are payments from you to the credit card company, right?


 

Customer:

yea

Customer:

they went to pay the card

Customer:

sorry it was 300

Customer:

200 and 100 in the same month

Customer:

that is when i got my tax money

Fritz :

If the credit card companies had a problem with your usage, they would typically file a Proof of Claim, even in a Chapter 7.


 

Customer:

ok

Fritz :

Did you list the payment of the $300 and charge of $16 in your schedules?


 

Customer:

this trustee was screaming at me at any word i said

Fritz :

If you didn't, you may need your attorney to amend your schedules.


 

Customer:

no

Customer:

i did not

Fritz :

It sounds like the Trustee is taking a hard line, so your attorney should probably amend your schedules.


 

Customer:

i told him also it was not used with in 6 month

Customer:

meaning amend by pushing off

Customer:

for a later date?

Fritz :

He may have thought you were being untruthful because your attorney should have gone over your credit report with you prior to filing.


 

Customer:

yea he thinks im being untruthful

Customer:

i never did the billing or payments my wife does all that

Customer:

so i have no clue about anything

Customer:

i was the one to go the lawer

Customer:

and had to call my wife for almost everything

Fritz :

No, have your attorney amend the schedules to reflect the $300 payment and $16 charge.


 

Customer:

what if i cant reach him

Customer:

i have the number to the court

Fritz :

It's a little silly, but it will help your image as far as the Trustee is concerned.


 

Customer:

well the guy who sits next to the judge and writes stuff down

Fritz :

Your attorney doesn't answer, or is always out, or what?


 

Customer:

i dont know

Customer:

since he did my papers i cant reach him

Customer:

does not answer call me back

Fritz :

Are you sure he was an attorney and not just a bankruptcy petition preparer?


 

Customer:

it was filed free

Fritz :

If you only paid $200-$400, that probably wasn't an attorney.


 

Customer:

no it was from nyc

Customer:

for low income people they give you a free attorney

Fritz :

An attorney would charge you at least $1,000 or so upfront, before you file.


 

Fritz :

Oh, okay... your attorney may not do a lot of bankruptcy and not understand how to help you.


 

Customer:

So what do I do?

Fritz :

If you give me a minute, I'll try to find the form you would use to amend your schedules... give me one sec...


 

Customer:

sure thanks so much.

Customer:

can you please explain the amend the schedules what does it do?

Customer:

sorry for bothering you.

Fritz :

No problem... I'm trying to find the correct form you'd use to amend your schedules...


 

Fritz :

Did you file in the Southern or Eastern District of NY?

Customer:

i think eastern

Customer:

brookluyn

Customer:

brooklyn*

Fritz :

I'm making sure there's no special local form you need to amend your schedules

Customer:

sure take your time

Fritz :

Do you remember the schedules you filed (they had the letters A-J and had your financial information)?

Customer:

I have all the papers

Customer:

where would I find it?

Customer:

the form says B1 (official Form 1) (12/11)

Customer:

that is the Petition from

Fritz :

Right...

Customer:

is that what your looking for?

Fritz :

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

Fritz :

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).

Customer:

I cant do I cant edit it

Customer:

only the attorny can do taht

Fritz :

You probably need to do it manually and mail it in unless you have CM/ECF access.


 

Fritz :

Compare with your original schedules and make sure they're exactly the same except for the couple of changes you're going to make.


 

Fritz :

You should keep trying to contact your attorney to do this for you, as it will be easier.


 

Customer:

yea

Fritz :

An attorney can fill in the amended schedules and instantly file it online.


 

Fritz :

You would have to mail it in, and you could get in trouble with the Trustee if you do it incorrectly.


 

Customer:

so I cant get another attorney to do it for me can I

Fritz :

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.

Fritz :
Fritz :

However, an attorney probably won't want to be associated with the case just to file the Amended Schedules.


 

Customer:

ok Hope i can reach him.

Fritz :

So your best bet is your current attorney.


 

Customer:

ok thanks so much

Fritz :

If you have a few minutes, I'll find you better forms


 

Customer:

ok great thanks so much

Fritz :

It might be like 5-10 minutes, but I'm still here...


 

Customer:

sure no problem

Fritz :

I think you would want to amend your Statement of Financial Affairs, Schedule F, and Schedule J...


 

Customer:

So I have to full out all 3 docs?

Customer:

the whole thing?

Fritz :

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).


 

Fritz :

3a on the Statement of Financail Affairs is where you'd put the $16


 

Customer:

I see 3 links

Fritz :

I'm sorry, I mixed that up... 3a on the Statement of Financial Affairs is where you'd put the $300 PAYMENT


 

Customer:

ok

Fritz :

You would print all of that out and fill it out if you're doing this yourself.

Customer:

what do i put on F and J

Fritz :

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.


 

Customer:

so what ever i see is what i have already

Customer:

and i just copy it

Fritz :

On F, you put the credit card charge of $16

Fritz :

Or add $16 to whatever balance was already on that card in your previously filed Schedules

Customer:

k

Fritz :

And on J, you'd actually increase your expenses because of the $300 credit card payment.


 

Fritz :

You'd prorate that over 3, 6, or 12 months, however you were usually paying and use that amount... not the entire $300.


 

Customer:

If I pay you could you do it for me?

Fritz :

But again you should try to have your attorney do this for you... at least now you know exactly what to ask for.


 

Fritz :

I'm sorry, I'm not allowed to do that.


 

Customer:

oo ok

Customer:

Thanks so much you have been a great help

Fritz :

Thank you, XXXXX XXXXX with your case!


 

Customer:

thanks

Fritz :

Have a great weekend!


 

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 3 other Bankruptcy Law Specialists are ready to help you

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Fritz
Fritz
209 Satisfied Customers
Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases