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    #1

    Not Over Till Its Over

    hi all....good day to you....was going over credit report last night
    and comparing with schedule F on the petition for final accuracy
    so I could put all the paperwork away...I noticed a creditor that was not listed on the schedule....darn it......but it was on the creditors matrix that I filled out....I don't want this to be a sticking point after my discharge...will cost me 26.00 to amend
    the schedule but the atty will want 200.00 to add this creditor.
    wonder if it was a clerical mistake on their part or what? I know adding a creditor isn't difficult but does it hurt your case if it is done after the 341 is over? so many papers should have looked closer but i'm sure i'm not the only one to file an amendment...
    sent the atty the info on the creditor today and hope we can work something out....anyone had amendment experience?
    just wanting this over with.....it really ain't over till its over...
    guzzie
    case filed : 6 -5-2007 :blush2:
    DISCHARGED ...9-26-2007..:yahoo::yahoo:
    case closed : 11-13-2007 :yahoo::yahoo:
    Tags: None
    #2
    I'd give the attorney's office a call and request that they file the amendment free of charge if it was their mistake.

    If you included the creditor in the paperwork you gave the attorney - especially if your matrix was correct - then this is HIS problem.

    This is why you have to be familiar with every detail of your case - these guys make mistakes. So good on you. Make him fix it.

    Stick to your guns.

    Comment

      #3
      There are three ways this can be dealt with lol....

      Scenario 1. If you know for sure that you DID list the creditor on your matrix and it was left of the schedule that's a clerical error. Same thing kinda happened to me but they didn't leave it off, just made an error on the name. That's why it pays to read over your entire paperwork thoroughly before signing and the filing lol. A simple phone call to them or drop by in person like I did and let them know of the error should correct it. This really would only work if you haven't filed yet and be so far into your case.

      Scenario 2. Your lawyer feels it's now your responsibility to pay for the amendment, which would be a ballpark figure of $226.00 because you didn't pay attention and read your forms thoroughly BEFORE signing and filing. Therefore the clerical error is now way past the time of a simple correction. It maybe be crappy, but it's business to them. This is why it's crucial to check and recheck those forms and schedules before signing and giving the green light.

      Scenario 3. Your lawyer may feel it's really unecessary to do anything as far as amending. In quite a lot of chapter 7 cases, debts that were left of the schedules by accident were found to be discharged anyway as a chapter 7 gives the debtor a total discharge of all dischargable debts, except those reaffirmed. He may be thinking along those lines. This has been the case in some ch 7's. But...if you really don't want to take the chance, amend the schedule.

      Either way, you need to talk to your lawyer and discuss the best way to handle this situation to put your mind at ease.
      "Try to save money. Someday it may be valuable again." - Anonymous

      Comment

        #4
        Under Old Law,............. Even omitted Creditors were Discharged in a No Asset Ch 7. New Law has no specific verbage addressing this issue.

        You can pay the $26, amend your Creditor's Matrix, and include that Creditor. Know for sure you butt is covered. That particular Creditor gets an additional 30 days, I believe, due to the late Notice. Could slow your Discharge a bit.

        Or you can mail a copy of the Notice to that Creditor yourself. A CYA against the "I was never notified" defense. And if contacted by the Creditor in the future, just send them a copy of your Discharge. Hopefully they won't press further.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

          #5
          Re: scenario #3.
          The old case was In Re: Mediola and supposedly that loophole was closed at the law change.

          Similarly, I'd base it off of the size of the debt. You'll always have the opportunity to ammend your case, even if you need to reopen it after it's closed. Therefore, any debt left out by accident is basically gone because you could reopen and ammend if needed.
          This dog don't have teeth, especially if they were on the matrix and got notice.

          Comment

            #6
            We amended ours after the 341 to give our health insurance time to catch up and pay their portion of a particular hospial bill. It was no problem to do it that late.
            Filed: 10/26/2006
            Discharged: 03/05/2007
            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

            Comment

              #7
              Well if it is on the matrix they will be notified even if you do not amend the schedule
              Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

              Comment

                #8
                Originally posted by familyof7 View Post
                Well if it is on the matrix they will be notified even if you do not amend the schedule
                Possibly.

                Check your file on PACER. Look for the Clerk's Mailing Label list. That Creditor might be there. If so, they got notice from the Court in your original mailing.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

                  #9
                  thank you all.....amounts to $1607.00 old credit card account...actually a collection agency
                  but will check that pacer for the mailing list...just want to dot the i and cross the t and cover my behind...i'm sure I will be meeting lawer tis week over this...nusiance thing more than anything...all you pro se take your time looking over the credit report and listing all..
                  learned the hard way ....guzzie
                  case filed : 6 -5-2007 :blush2:
                  DISCHARGED ...9-26-2007..:yahoo::yahoo:
                  case closed : 11-13-2007 :yahoo::yahoo:

                  Comment

                    #10
                    I hope you get it straightened out guzzie, everyone else seems to have well advised you on what to do
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

                    Comment

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