Re: Amending the Statement of Intentions

Thanks Michael...Her assistant is sending the paperwork so we'll see what
happens. Believe me, I was surprised when I saw that she wanted $150 an
d that it had to be payable upon return of the documents!

Michael Marr wrote:It always pisses me off wh
en I hear this, mainly
because I am jealous. I charge a client $40 to add
creditors after the case is filed and they want to
slap me. You seem resigned to paying $150 to change a
Statement of Intentions, which, by the way, is 100
times easier than adding creditors. Why? Because (at
least in my district) as a practical matter you don't
have to amend the Statement of Intention in a
consumer, no-asset case. My clients always say they
will reaffirm the furniture, the computer, or
something and never do. No one complains.

The Chapter 7 Trustee is the enforcer regarding the
debtors' statement of intent. This would come up
where you have collateral that the creditor would like
to have back, like cars. So if you originally stated
you are reaffirming furniture and you change your
mind, it becomes the creditor's problem to contact the
Trustee to have them enforce it. If they contact the
Trustee, then you have to either reaffirm or
surrender. Don't amend s*it!

And much as I hate to take money from any lawyer,
since we are in the same biz, if you haven't already
amended then don't bother.

The big dog United States Trustee in charge of all
trustees is a guy named Friedman. He made his bones
wringing money out of Chapter 7 debtors and objecting
to everything. He has proposed new rules that
evidently require about

" 1. All debtors shall produce at the 341 meeting 18
different categories of documents. Implicitly the 341
meeting will not occur or conclude until all of the
documents are produced. A failure to produce all of
the documents could result in a dismissal of debtor's
bankruptcy.

" The documents include but are not limited to picture
identification and proof of social security number,
copies of all documents including pay stubs, cancelled
checks, check register and paid bills to support all
entries on schedules I and J; the previous two years
of tax returns complete with W-2=82s; copies of all bank
and credit union statements for the 90 days prior to
filing; homeowners; life and casualty insurance
policies, property appraisals, title documents,
mortgagee and liens for all manner of real and
personal property and so on. "

These are the requirements that are essentially in the
evil Bankruptcy Bill that has been lurking out there
since Clinton was president. Since the creditors can
never get the thing passed, the Trustees are trying to
administratively impose these requirements to catch
all you evil debtors who are ruining the world. And
that pass these rules as they sail away on the yachts
owned by Enron and Worldcomm.

The other day, the Healthsouth cheats who pleaded
guilty to millions of dollars of fraud, oh, they got
house arrest and fines. Damn. My criminal clients
have some personal use cocaine for the third time and
they get two years. Get a third DUI in five years?
We are sending you away for 12 months. Steal millions
and have your maids living in luxury -- house arrest.
And make sure you get those people who are making $12
an hour bring their cancelled checks and insurance
policies to the 341 meeting.

+++++++++++++++++++++++++++++++++++++++++++++++++++
Anyway since we decided to only reaffirm the vehicles,
our attorney had to amend our paperwork to reflect
those changes....and she's charging us $150 to do it!
The moral of the story is to be very sure of your
decisions before anything is permanent. On the bright
side, $150 is cheaper than all the payments on those
debts so if we have to pay an additional $150 to be
rid of them, so be it.


=3D=3D=3D=3D=3D
Michael S. Marr
210 North Clayton Street
Lawrenceville, GA 30045
770-682-5082 FAX 770-682-1379
msmarr@juno.com