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Strategy: emergency petition, or file NOW and do amendments... ???

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quest42

Member
Oct 14th is the deadline!!!

Trying to decide on my strategy... should I file an “emergency petition”? (Just the basic petition and the mailing list matrix.)

Or, should I file all the schedules NOW, and then amend it in a week or two, if necessary. Oct 14th is the deadline!!!

I do not have any urgent issues like a foreclosure, but I think that I need a few more days to make sure I have ALL my data correct BEFORE I file. All my records are not intact, and I am going off my credit reports to reconstruct my debts.
 


bigun

Senior Member
I'd file the emergency petition and give yourself a few days to catch your breath and get it right the first time.
 

quest42

Member
More questions...

Thanks, Bigun, for your reply!

Working since Saturday AM on my bankruptcy... ~50% done.


QUESTIONS: :confused: :confused: :confused:

1. Is there any adverse stigma from doing an emergency filing at this, the 11th hour? (Like I wrote, my records are not all intact yet...)

2. How to report (on sch. F) my debts that MAY be already write-offs according to my credit reports, or may have multiple collection agencies??? I am inclined to list ALL my original creditors... to be on the safe side... my mailing address has changed, and I have not recieved bills or collection notices for over a year...

==> #2 is answered here -- thanks!
bigun said:
List the orginal creditor. Then list the collection agency. Something along the lines of, debt sold, transfered or, asigned to xxx collectors
3. My creditor's mailing addresses also may have changed... is it important for me to verify all the addresses and accouint numbers on my debtor matrix?

4. What determines my tax liability for any write-offs? How do I know if I have tax liabilities or not? According to my credit reports, some creditors have written off the SAME debt MANY times, every few months, adding more interest each time!

Thanks for any help!
 
Last edited:

bigun

Senior Member
You've no tax liability for debts discharged in bk. If the IRS isn't dunning you, don't overthink it.
Try and be as accurate as possible with account numbers and addresses.
There is no stigma. The bk code does provide for an emergency filing. A lot of lawyers do it when they've a client facing a wage garnishment in a few days. Nothing the trustee hasn't seen before.
 

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