How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

I filed a personal chapter 7. One creditor (credit card company)

This answer was rated:

I filed a personal chapter 7. One creditor (credit card company) send a letter, through law firm, saying some money was taken out too soon before the filing. They are willing to settle, and i am too to ensure a smooth trustee meeting. 1. Is there any paper work i have to fill out to change or delete one creditor? 2. Is this the right way to go about it?

Thank you for your question.

all creditors must be included in the bankruptcy petition. The proper way to handle the situation is to sign a reaffirmation agreement. A reaffirmation agreement is a promise to pay a debt that would otherwise be discharged in the bankruptcy. SpaceThe creditor will prepare a reaffirmation agreement for your signature
Customer: replied 7 years ago.
Do i need to send that to the trustee before the meeting or should i bring it to the meeting?
I also called the bankruptcy court and the clerk told me to fill out a form called Form B6f and go to the court to file it
( but i think she may have misuderstood me because the form i see does not seem to address that.

you are correct that form B6f does not apply to the situation.

There is no need to send a reaffirmation to the trustee. The creditor will prepare the reaffirmation agreement and request that you sign it. The creditor will then file it with the court for the judge's approval.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Its the law firm that are dealing with it now. Should i tell them to fedex it to the court since there are less than 10 days to meeting?
thank you very much for the bonus.

the reaffirmation does not need to be completed prior to the 341 meeting. It needs to be filed with the court prior to discharge which takes place approximately 60 days after the 341 meeting.
Customer: replied 7 years ago.
I was told that the petition, schedules, tax returns, and payment stubs have to be mailed by ME to the trustee yet when i filed the case in the courthouse, they insisted that they send it to the trustee. I just seem to be finding that everywhere i look, in terms of legal advice and on the court website, it is MY responsibilty to send it to the trustee. I called the trustee office, and they told me to check with the clerk that they send it. The clerk told me its taken care of.

Have the rules changed? Do the clerks now send it to the trustee? Im worried i will show up and the trustee does not have it even though the clerk insisted (when i came in to file, and on the phone later on that they send it)
the original petition and casuals are required to be filed with the court and the court will provide them to the trustee. Tax returns and payment stubs would be sent directly to the trustee by you. Trustee's offices are typically very busy so you may want to keep a copy of anything that you send to the trustee and bring it with you to your 341 meeting.

Please remember to accept my answerThank you