Lawyer Fumbling the Ball Before 341?

[frogger]

At the moment, I'm pretty aggravated about my attorney. Don't get me wrong, I know that he's good, however for the past 2 weeks, I haven't been able to speak to him. (His fault, not mine).

I've emailed, phoned, and don't get a response.

Here's the question:

There are a couple of things that I provided to him that were left off of my Chapter 7 petition. One of those things is a bank account with a few thousand dollars in it, that I should be able to exempt. There are a couple of other things that were just typo errors, but regardless, they are errors.

The petition was electronically filed, so I was not able to check for accuracy before it was filed. I have been trying to point out the errors to them for the past two weeks and am not getting a response.

The 341 meeting is tomorrow am. If things are not corrected/amended before then, what is my best course of action?

[BobMango]

I had a similar experience and just told the trustee that I needed to make some changes and what they were. He said ok, make sure you get them filed. The changes included my daughter's car and some adjustments to our expenses.

The trustee asked why we hadn't made the changes before. I told him I had tried to contact my attorney prior to the 341 to make the corrections but that he was non responsive. The trustee gave him the stink eye and my attorney just kind of shrugged his shoulders, looking sheepish.

[AngelinaCatHub]

I had a similar experience and just told the trustee that I needed to make some changes and what they were. He said ok, make sure you get them filed. The changes included my daughter's car and some adjustments to our expenses.

The trustee asked why we hadn't made the changes before. I told him I had tried to contact my attorney prior to the 341 to make the corrections but that he was non responsive. The trustee gave him the stink eye and my attorney just kind of shrugged his shoulders, looking sheepish.

Yes Frogger, the exact same thing I was going to suggest. Tell it like it is. Maybe the lawyer is still trainable and might do his job better.

You should have gotten copies of all your stuff. The way I see it and how it worked for me, as the paper work is a sworn statement, we had to physically sign them before our lawyer transmitted the electronic copies. The lawyer keeps your signature page on file.

Bring the copies of the typo pages and also the bank account statement with you.

One of the stock questions is, "have you read the forms? Did you sign the forms." That is as common as "What is your name".

You will do fine. You have an Angel on your shoulder. 'Hub

[frogger]

The trustee asked why we hadn't made the changes before. I told him I had tried to contact my attorney prior to the 341 to make the corrections but that he was non responsive. The trustee gave him the stink eye and my attorney just kind of shrugged his shoulders, looking sheepish.

Lo and behold, I finally heard back from mine stating that the changes are being made today. I do believe you could say that this is a case of waiting until the last minute or so to get things done.

That just gripes my a$$ when people do that. I don't do business that way and don't like it when it's done to me.

I'll pull another copy tomorrow morning off of Pacer and make sure that the changes have been made. I've got my paperwork together showing that they were instructed to make all of the changes just in case.....

[oloffredo]

how do u pull out documents from Pacer?

[tigergem]

oloffredo - - In Pacer if you go to your history, all those numbered links on the left column are documents. It costs 8 cents per page.

frogger, I think you should look at your documents and make a line item notation of the errors and simply be truthful with the trustee that there are errors and that you did NOT get to see it before it was filed. I had an error in my paperwork - one of which I didn't notice until LAST NIGHT when I was going through my paperwork for the 341 this morning. It was a typo, and nothing material that is going to cause any difference to my Plan or Schedules. The trustee said, oh that is ok just fix it and refile it.... I pointed it out to her right away, when she was asking me if I signed the paperwork and was familiar with the contents of it. Also she herself asked for some small changes to the paperwork... and made it sound like no huge deal. Just requests, please add this, please remove this...(some of her requests were slightly contrary to the actual instructions for filing, but it is her ball game, right?) Again, I don't see how the changes she asked me to make are going to have ANY effect on the Plan as written. Try not to stress about it. I know that if someone had told me that last night, I would have said OH SURE! But just this side of the 341, it was really not that big of a deal, so long as you are honest.

[frogger]

frogger, I think you should look at your documents and make a line item notation of the errors and simply be truthful with the trustee that there are errors and that you did NOT get to see it before it was filed.

That's the plan. 341 is a 9 a.m. tomorrow, that gives me plenty of time to go through it and check for errors in the morning. I'll start early.

Not stressing at all........