Does anyone have any input about whether I could use a mail drop address that resembles a residential address on filing documents for a BK7? On the forms, the courts request a "street address," and this would be one; they do not specify a residential address on the forms I am looking at. It would be better for me to do it that way, if I do need to file, since I am currently staying with some relatives, and I do not want to list their address on the paperwork. I prefer to keep my private things private. From my angle, this does not appear to be illegal. Your thoughts? Also, from those who have filed, would this complicate matters during the 341 meeting where I am asked by the trustee to "state [my] address" under oath? This address really is my address; it's just not my place of residence. Thanks, soren
since posting this, i have read a number of posts on post office boxes versus residential addresses as it pertains to cc billing and cc applications, but i didn't see any that addressed this... anyone?
I can't answer all of your ?'s because either I don't remember what was said to me in '97 when we BK'd or I don't know the answer. But if you use your relatives address, the relative will know you BK'd. It will not be a secret. Because a month after you Bk, a ton of advertisements for credit cards and buying a new car will start to arrive at the relatives address. Some of this stuff is so obviously addressed to a BKer that the address label should say, Mr./Ms Soren Bankrupt Ours came to Mr. King Bankrupt and separately to Ms. Queen Bankrupt. Fortunately, we used our own address. No relatives know to this day about the BK.
Instead of worrying about who will "find out" about your BK,or what imput total strangers on a public forum have to say, you might consider speaking to your BK lawyer. Of course if you are a do-it-yourselfer, you can run the risk of having your entire filing thrown out because of a "little" misunderstanding about legal addresses.
king, thanks for the heads up. this is exactly the sort of information i need to be aware of. because they are family and they have their own feelings about the legitimacy of BK, i would prefer to not have them be put in an awkward position were other family members ever to ask them about it, which is likely. i know they would feel uncomfortable regardless. so i thank you for letting me know what may occur.
why chat, i am indeed concerned with keeping my financial wellbeing as private as i am able to. and, in declaring BK, i may well have to be a do-it-myselfer, which is precisely why i am inviting input such as yours. i haven't yet come up with the money to pay for lawyer's fees, and obviously having a lawyer would definitely be my preference. i appreciate that you feel my address situation may be a red flag to a BK court, which is exactly what i was wondering about. since you seem to be confused on this point: i posted my questions on a public forum that purports to expressly address such questions as mine--those having to do with credit-related issues. i have not been disappointed yet; in fact, i feel i have been greatly helped. why you would suggest that soliciting input would be irrelevant to my situation is beyond me. i thank you for yours just the same.
The newspaper here in Eau Claire, WI periodically reports a listing of bankrutpcies in the business section. The information includes, name & address and type of BK filed. They used to include the occupation and asset and liability amounts. Tim
thanks, tim. i know that newspaper reporting is to be expected in my town also. the bigger issue for me is having mail come directly to the place where i am staying. that, i know they will see. if i can file it with my mailbox place, then it wouldn't have to be listed under my relatives' address. i don't want them to have to have anyone's BK associated with their address. nor do i want them to have to field questions about mine. i just don't want to do anything illegal, and on the forms it just requests a 'street address,' which is what my mailbox place has...
I don't know for sure, but I sometimes used to visit Prairielaw.com. They have a lawyer Cathy Moran answer on their bk board. Might be worth a post to see what she suggests.
The reason I do not suggest getting BK information from a public news forum is because what may be perfectly valid and legal in BK in one State, may be completely invalid and illegal in another.In particular when it comes to notification of creditors, filing addresses, etc.If you have no money to seek BK legal assistance, look for legal aid in your community.The only people who have any chance of success filing their own BK, are those who have the skill and patience to research their OWN State laws.
I agree Why chat. But if Cathy doesn't know, she flat out tells you she doesn't know. I was just trying to help. Try checking out your states bankruptcy court website also. They sometimes include local rules on filing. You may even try calling your bankrutpcy clerks office although they can only offer very limited information.
HERE IS P.O. BOX BK RULE FROM CALIFORNIA 1002-1. Filing of Petition and Other Pleadings. (a) Intradistrict Venue. All petitions shall initially be filed with the Clerk of the Bankruptcy Court in the division of proper intradistrict venue as determined by the debtor's street address. The Clerk shall bring to the attention of the Court any case where the debtor's street address in the petition is a post office box. http://www.canb.uscourts.gov/canb/D...23cff494e564f490882569bb000673ab?OpenDocument THIS ONE IS FROM HAWAII CHECKLIST FOR CHAPTER 13 CASE _____*Filing fee of $185 Is check signed? . _____*Petition (Original + 3 copies for court + 1 copy to be returned to you) Is the petition signed by the attorney? Is the petition signed by the [both] debtor(s)? Does the original petition, schedules and statement have two holes punched in the top? Does the petition state the correct chapter under which the petition is being filed? Does the petition state the street address of the debtor(s)? A post office box is not a sufficient street address. A post office box should be listed in the mailing address box. http://www.hib.uscourts.gov/hib/doc...3f682a268586dba00a2567bb000364a5?OpenDocument
I don't know if this is the way it is done everywhere but.....our newspaper publishes the bk's only from business or individuals with over 250,000.00 in debts. I was lucky I was below that limit. The thing with the PO box I have no idea. I would think if it was brought up you could simply state that you were merely staying with family temporarily and did not have a permanent address, therefore you gave the PO box which just happens to have a street address. And it is very true, you will be buried in advertisements from people wanting to sell you cars and stuff. Much of it was on a postcard or an evelope and had "RECENT BK OK" and that kind of thing. It was very very obvious. I could have died when one of my neighbors received a postcard like that for me by accident. He brought it over and it was so very obvious. I think most of us carry a good deal of shame that we had to go that route. None of my family or friends know (that I know of). Good luck
soren, I think that I have a solution for you. If you don't mind having it in the newspaper file the BK at your present address. Then rent a PO Box and put in a change of address from your relatives house to your PO Box. Just a thought. Charlie
That's true, but when I had my change of address put in - there was a LOT of mail that they didn't catch that still went to my parents address. Just a thoughts.
I remember getting a pre-approval for a secured Capital One VISA card just a couple months after my BK discharge. The first offer was for a $500 card with a $200 deposit. I waited till about a year later and after many offers, they sent me an offer for a $1,000 card with only a $99 deposit. Today I have two unsecured Capital One cards with a total line of about $10,000.
its funny my husband is getting offers for car financing out the wazoo. I don't get them because I've been unemployed.
