The following questions and answers were submitted to 713 Training.com either at a teleconference or by email during this past week. The answers are provided
QUESTION:
I have a client that sold 2 cars right before filing bankruptcy. I need to list them but unsure where to put cars sold. I looked in Statement of Affairs and the only information I came across that is close is under financial accounts closed. In this category it states: information that has been sold; but it asks for an institution name. The cars were sold in a private sale and sold for $2,600.
ANSWER:
Place it under Item 2 of the Statement of Affairs: Income Other Than from Employment or Operation of a Business. If the sale was made within the past 6 months, it needs to be listed on the Means Test as well.
QUESTION:
A client wants the Petition to be filed by the end of this week but wants to know what effect filing will have on his tax return. Can you advise on this matter?
ANSWER:
HINT: Many VBAs and non-attorneys make the mistake of trying to help clients feel at ease and end up giving legal advice to help calm them down. To become more familiar with your role as a VBA, I strongly urge you to take the free online exam regarding unauthorized practice of law which is available at: www.quia.com/quiz/1790405.html
QUESTION:
I filed a joint chapter 7 for an attorney in Florida. We tried to exempt both cars under FL exemption allowance but find out that because both cars where in one debtors name he was going to pay the unexempt amount of one of his car. To prevent this we converted the petition to a chapter 13 so we can keep the car and to strip off the second mortgage.
Now the old trustee's attorney under the chapter 7 filed an Application for payment of Quantum because he said that he spent 3.15 hours at a rate of $350.00 with a total of $1,102.50 plus what he spent on Pacer to gather all the information so he can have the asset turned over.
They want the debtor to respond to the application order but the attorney does not know the procedure. Should the debtor respond that the attorney should get paid or should he object to that order?
ANSWER:
At any time, if an attorney is unsure of a procedure, the attorney (or you) needs to contact the court to obtain the correct procedure. In this case, you would need to contact the Chapter 13 Trustees office.
Simply find the Chapter 13 Trustees office online at: www.13network.com/
Call the office and say something like: My attorney received a request from the Trustee (use his or her name) to respond to an Application Order for Case No. (whatever). Is there a specific form the Trustee needs for us to use or what procedure should we follow?
Every court, every trustee and every office is different within the court system. Every office has a different procedure they follow and those are the types of things you need to familiarize yourself with so that you can help your attorney better. Unfortunately, you often cannot learn these types of things in basic training. This type of education is obtained on the job.
PERSONAL NOTE FROM A VBA:
You are so valuable to this industry. I am really glad I found you. Thanks to you I have income coming in to support my family. I want to thank you for your hard work and dedication to this industry. Take care of yourself and delegate the things that other people can do so you do not work too much. Your health is more important than anything in this world. And of course your personal relationship with God because He is the one that gives you the knowledge and the strength to be successful in your life. If there is anything I can do to contribute to the growth of your company do not hesitate to contact me. God Bless you, Yuleidy Lopez.
REPLY:
Thank you very much. However, I have SO MUCH to be thankful for.
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