AP answer due tomorrow, attorney MIA and hasn't filed it yet

[researchnerd]

One of my secured creditors filed an AP on our bar date last month. Our Ch7 case has since been discharged and closed, but we still need to respond to the AP to get it cleared up.

My attorney's office has been really crappy about communication throughout this entire BK process. I've had to keep on top of them to do basic stuff, like filing our credit counseling certificates after they'd had them for two weeks. I've been reminding them regularly about the AP answer, and last week the paralegal finally sent it to me for review. The Answer is extremely short (essentially it says, we admit sections 1-6 but deny sections 7-12, and ask for dismissal) but is probably sufficient. They got my address wrong on it, but I sent them back a corrected version, so all they have to do is file it.

I've been checking PACER every day and it has still not been filed. I tried to contact the attorney today and had no response.

The AP itself is pretty much baseless, so we stand a good chance of having it dismissed outright -- but not if we don't file the Answer. If the creditor wins by default, I will owe them $2600 plus their attorney and court costs. If my attorney doesn't file the answer tomorrow, can I file it myself, or is circumventing my attorney a bad idea?

If I can file it, how would I go about doing that? Can I do it electronically?

[researchnerd]

So...never mind. I managed to get in touch with the paralegal this morning and the answer was filed this afternoon. I guess I'm awaiting the creditor's reply now.

[AngelinaCatHub]

Pheeew, I was almost apoplectic. Yes even if you carried it to the Courthouse or in person to the Judge it had to be answered. Too bad there are so many lawyers who just don't have it together. 'Hub

[researchnerd]

Agreed. My lawyer has ultimately gotten the results we wanted; he just won't communicate with me, which is incredibly frustrating. He says most of his clients just want him to let them know when it's over, and that I am his first in 24 years of BK work to check PACER. I guess there's a fine line between being an informed customer and a PITA.

[frogger]

Typical bk attorney. Wait until the last minute, not return your phone calls, leave you to sweat. Are there any of them out there that don't behave this way?

[researchnerd]

Oy. I just checked in with PACER on a gut feeling and found...

FILED IN WRONG CASE-ATTORNEY NOTIFIED.

Yes folks, my attorney (or more likely, his paralegal) filed my answer to the main BK case instead of the separate AP. Yesterday they re-filed it to the correct case, but it was a day after the due date. The AP case number isn't even on the answer (only the original BK case number), which I noticed and specifically asked the paralegal about, but got no answer. Once again, my attorney's office did something at the last minute and got it wrong. I really think I could have done a better job of this myself.

Does anyone know how much leeway exists in the legal system for mistakes like this? If I get spanked for being late to file the answer, I'm really going to be pissed.

[dumpinmydebt]

Your attorney will be responsible for taking the hit.

[despritfreya]

Yes folks, my attorney (or more likely, his paralegal) filed my answer to the main BK case instead of the separate AP. Yesterday they re-filed it to the correct case, but it was a day after the due date.

Don't worry. It was timely filed in your case - just not under the adversary number. It will be deemed timely. This is not an uncommon error.

Des.

[researchnerd]

Good to know, despritfreya. Thanks!

Overall I've been really surprised at the fact that every single document seems to be filed at the last possible minute. It's not just my attorney - the AP was filed on the afternoon of the last possible day. Is this standard legal practice...and if so, why?