emergency 13 petition BK - Posted by Jason

Posted by JT-IN on October 14, 2003 at 19:08:57:

Is the simplest and least amount of paperwork to be done at filing time. Why…? The Ch 13 has a more detailed filing as to income and assets because of it’s vvery nature… or reorganization. Of course these same papers would need to be filed later on, if the Bk is changed to a Ch 13… prior to dimissal.

An Atty can file it for a client… One word of warning here… Do not ever put yourself in the position of filing a Bk for someone, even if they grant a POA… Just don’t do it… You are dealing with federal law here, and if for any reason the Debtor ever says anything cross ways, as to having a change of heart, etc… you are duck soup. Besides, you would likely be guilty of practicing law w/o a license. So things, we as investors, should never attempt.

Just the way that I view things…


emergency 13 petition BK - Posted by Jason

Posted by Jason on October 14, 2003 at 18:37:41:

what is the paperwork that absolutely must be filed for an chap. 13 emergency petition to enact the stay with a few days before the auction? Does the Debtor have to file it in person or can someone else take it in to the courts for him? This is in Missouri.


Re: emergency 13 petition BK - Posted by Brent_IL

Posted by Brent_IL on October 15, 2003 at 01:18:47:

The fewest pieces of paper that can be filed to initiate the proceeding are three. All pages are one-sided. The voluntary petition is two pages. The petitioner will also have to file a list of creditors with at least one name on the list. If they want to pay the filing fee in three or four installments, there is another form for that. The rest of the paperwork including the plan and a financial statement is to be filed within 15 days of the filing of the petition.

A Google search can direct you to the website of the U.S. Bankruptcy Court District that you?re in. The forms and instructions are on-line.

Pay attention to this if you don?t get a lawyer. Even if you do, know that filling out the forms is not taught in law school. There are quite a few bankruptcy paperwork preparers around here. They don’t practice law; they help the petitioner to fill out the forms. Many, if not most, are scam artists. People go to lawyers who quote fees based on what they think people will pay. The range that I?ve heard is from $300 + filing fees to $2,800 for the same thing. Each time an attorney appears or files a motion there?s an additional charge. This is in the nature of attorneys. The scammers come along and say that for $50 a week, or more if they can get it, plus fees, they?ll take care of the paperwork. The preparer files the minimum required paperwork and makes the minimum payment of $20. They keep the balance of the fee money, around $180, and the weekly fifty dollars, or so, that they are collecting until the debtor wises up. Eventually, the case is dismissed because nothing is being done, paperwork is not being filed, or because the debtors didn?t know they were supposed to show up at the creditors meeting. I guess these guys use mail drops and cell phones to escape charges because this particular scam seems to be a growth industry throughout greater Chicagoland.

I’ve never heard anyone say that a clerk at the Bankruptcy Court office asked for an I.D. before filing the paperwork. There’s always a first time.