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Lise Michaels
12-26-2003, 04:39 PM
I filed my Form 1 and matrix last week as an incomplete Chapter 7
filing, and am gathering the remaining documents. I'm finding some
(possible) debts I wasn't aware of when I did the matrix last week.

1) If they turn out to be "real" debts, will it suffice to just note
them on the Schedule F, or is it necessary to amend the matrix? If
the latter is the case, do they (the court) want the entire matrix
redone, or just an "addendum" to the one I already submitted?

2) It is possible there might be some debts I am unaware of, because
most of them relate to my expensive medical treatment....many
physicians and such provided services, so many that I lost track. My
case is "no asset." I'm sort of worried about whether unknown debt I
was unable to list on the schedules and/or matrix (because it wasn't
on any credit reports) will nonetheless be discharged.

This is in Iowa.

Brett Weiss
12-29-2003, 07:59 AM
> 1) If they turn out to be "real" debts, will it suffice to just note them on the Schedule F, or is it necessary to amend the matrix? If the latter is the case, do they (the court) want the entire matrix redone, or just an "addendum" to the one I already submitted?

You must amend both.
2) It is possible there might be some debts I am unaware of, because most of them relate to my expensive medical treatment....many physicians and such provided services, so many that I lost track. My case is "no asset." I'm sort of worried about whether unknown debt I was unable to list on the schedules and/or matrix (because it wasn't on any credit reports) will nonetheless be discharged.

In most states (and I don't know about Iowa), even unlisted debts are
discharged in no-asset cases.

It sounds as if you're doing this pro se, or without a lawyer. I've taken
over a number of cases where a debtor prepared and filed the various
bankruptcy documents without the help of an attorney. Apart from the fact
that the schedules generally have to be completely redone (the exemptions
are usually wrong, debts are not listed, assets are not listed or are listed
or valued incorrectly, the Statement of Financial Affairs is incorrect, and
the budget is generally wrong), a number of these people lost their homes as
a result of not being advised about what was required, how the process
worked, how to value assets, how to deal with various types of debts,
etc.--something an attorney is required to do.

Others ran into severe problems at the Meeting of Creditors, where they have
no one to turn to for preparation or advice, Generally, pro se debtors don't
know what the Trustee is looking for, or how to properly deal with the
Trustee's questions and concerns. One ended up being charged with bankruptcy
fraud--all because she didn't understand the effects of what the information
put in their schedules meant.

Bankruptcy is a very tricky area of the law (even to attorneys who don't
regularly practice it). Interestingly enough for a federal system, it is
very state and locality specific. What will work in California, for example,
probably won't fly here in Maryland.

Do yourself a big favor--see a lawyer.

--
Brett

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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************

Larry Myerson
12-29-2003, 10:13 AM
I did my own Chapter 7 several years back, and it was super-easy.
This person's experience seems to segue with some of my observations:

"Brett Weiss" <lawyer@erols.com> wrote in message news:<NcydnUz0mqFK022iRVn-jw@comcast.com>... 1) If they turn out to be "real" debts, will it suffice to just note them on the Schedule F, or is it necessary to amend the matrix? If the latter is the case, do they (the court) want the entire matrix redone, or just an "addendum" to the one I already submitted? You must amend both.


A lot sort of depends on what one's status is at the time of the
bankruptcy. Obviously, if you have a house, substantial assets of
various sorts, that is one thing.

On the other hand, if you are a renter, and have no substantial assets
to speak of...say that you don't even have a car or anything....then
doing your own filing is probably the best way to go.
2) It is possible there might be some debts I am unaware of, because most of them relate to my expensive medical treatment....many physicians and such provided services, so many that I lost track. My case is "no asset." I'm sort of worried about whether unknown debt I was unable to list on the schedules and/or matrix (because it wasn't on any credit reports) will nonetheless be discharged. In most states (and I don't know about Iowa), even unlisted debts are discharged in no-asset cases.

I didn't have this particular problem in mine...but I seem to recall
that you "just have a duty to notify 'new' creditors by first class
mail, or some other way to ensure that they know about the
bankruptcy."

I wondered after-the-fact whether it would have been allowable to use
a speakerphone and a tape cassette recorder, and CALL (and record!)
any creditos that might pop up, and make a contemporeaneous record of
the conversation as proof that they were notified. It would seem a
great and streamlined way to ensure creditors were notified (and avoid
that "address changing and skipping" BS that lots of creditors seem to
indulge in).

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