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    What does this mean?

    Hello folks, thanks for all of your help.
    What does this mean in pacer?

    Line item # 10 in the history:

    notice of deficient filing re: creditor upload

    THIS IS NOTICE that your petition was sumitted on September 28th, 2007. Please correct the following deficiency:

    1: The creditors were not uploaded during the electronic filing process.

    ** The noticing of this case will exclude the creditors. Upon upload of the creditors and a certificate of service to the creditors with a copy of the Notice of the Bankruptcy case, meeting of creditors and deadlines (section 341 meeting notice) these creditors will be added to the case. **

    PLEASE CURE THE ABOVE-STATED DEFICIENCY WITHIN 3 DAYS OF RECEIPT OF THIS NOTICE OR SANCTIONS MAY BE IMPOSED.

    (it appears the lawyer didn't upload the creditors as of yet?)
    The notice gives them 3 days to correct this problem.




    Line item # 11 in the history:

    Order Determining Debtor's Compliance with Filing Requirements of Section 521(a)

    Persuant to 11 U.S.C. 521(i)(1), if an individual debtor in a voluntary case under chapter 7 or 13 fails to file all of the information required under 11 U.S.C. 521 (a)(1) witihin 45 days after the date of the filing of the petition, the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition. The court has reviewed the file in this case and has determined that the debtor has complied with the information filing requirements of 11 U.S.C. 521(a)

    Accordingly it is

    ORDERED:

    1. THIS CASE IS NOT SUBJECT TO AUTOMATIC DISMISSAL UNDER 11 U.S.C. 521(I) (1) OR (2)

    2. If any party has any reason to contest the court's finding that the debtor has filed all information required by 11 U.S.C. 521(a), they shall file a motion for reconsideration not later than 21 days from the date of this order, and serve such motion on the trustee, debtor and debtors counsel, if any. The motion should specifically identify the information and document(s) required by 11 U.S.C. 521(a) that the debtor has failed to file.

    DONE AND ORDERED ON September 28th, 2007





    I am thinking that the lawyer corrected the problem with the missing info??

    both of these line items were entered in the same day.

    Thanks for you help.
    Last edited by inhocknow; 10-10-2007, 04:47 PM.

    #2
    Looks like when your lawyer uploaded your Ch 7 case, the creditors list didn't make it. The court gave notice that the creditor list needed to be corrected in three days. However, on the line 11 document the trustee has said that although he/she could dismiss your case after 45 days, the court isn't going to automatically dismiss your case even though the law states they can.

    Call your lawyer and ask what he/she did about the missing creditor list.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Thanks for your help.
      Last edited by inhocknow; 10-11-2007, 08:32 AM.

      Comment


        #4
        Thanks for your help.
        How can this happen though? Do these things happen often?
        Should there be a flag stating this as well? I will call the lawyer first thing in the morning.
        Thanks for your great help.
        By the way, do the lawyers who file elctroncially get email alerts or some sort of alert when these things happen? Or do they need to check pacer just like I did?
        Thanks for your help.

        If my case is missing all of my creditors, woudn't this also be in the FLAG area?

        Comment


          #5
          Originally posted by inhocknow View Post
          Thanks for your help.
          How can this happen though? Do these things happen often?
          Should there be a flag stating this as well? I will call the lawyer first thing in the morning.
          Thanks for your great help.
          By the way, do the lawyers who file elctroncially get email alerts or some sort of alert when these things happen? Or do they need to check pacer just like I did?
          Thanks for your help.

          If my case is missing all of my creditors, woudn't this also be in the FLAG area?
          I know in my area they get email alerts.
          Actually our courts give us the debtors the option of recieving emial alerts as well. We get them and it is nice.
          Filed: 10/26/2006
          Discharged: 03/05/2007
          Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

          Comment


            #6
            Originally posted by inhocknow View Post
            Hello folks, thanks for all of your help.
            What does this mean in pacer?

            Line item # 10 in the history:

            notice of deficient filing re: creditor upload

            THIS IS NOTICE that your petition was sumitted on September 28th, 2007. Please correct the following deficiency:

            1: The creditors were not uploaded during the electronic filing process.

            ** The noticing of this case will exclude the creditors. Upon upload of the creditors and a certificate of service to the creditors with a copy of the Notice of the Bankruptcy case, meeting of creditors and deadlines (section 341 meeting notice) these creditors will be added to the case. **

            PLEASE CURE THE ABOVE-STATED DEFICIENCY WITHIN 3 DAYS OF RECEIPT OF THIS NOTICE OR SANCTIONS MAY BE IMPOSED.

            (it appears the lawyer didn't upload the creditors as of yet?)
            The notice gives them 3 days to correct this problem.




            Line item # 11 in the history:

            Order Determining Debtor's Compliance with Filing Requirements of Section 521(a)

            Persuant to 11 U.S.C. 521(i)(1), if an individual debtor in a voluntary case under chapter 7 or 13 fails to file all of the information required under 11 U.S.C. 521 (a)(1) witihin 45 days after the date of the filing of the petition, the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition. The court has reviewed the file in this case and has determined that the debtor has complied with the information filing requirements of 11 U.S.C. 521(a)

            Accordingly it is

            ORDERED:

            1. THIS CASE IS NOT SUBJECT TO AUTOMATIC DISMISSAL UNDER 11 U.S.C. 521(I) (1) OR (2)

            2. If any party has any reason to contest the court's finding that the debtor has filed all information required by 11 U.S.C. 521(a), they shall file a motion for reconsideration not later than 21 days from the date of this order, and serve such motion on the trustee, debtor and debtors counsel, if any. The motion should specifically identify the information and document(s) required by 11 U.S.C. 521(a) that the debtor has failed to file.

            DONE AND ORDERED ON September 28th, 2007





            I am thinking that the lawyer corrected the problem with the missing info??

            both of these line items were entered in the same day.

            Thanks for you help.


            Update:

            I spoke to my lawyer and he said they took care of the uploading.

            I spoke with my case manager in the bankruptcy court and she said that yes the lawyer did upload the creditors.

            The case manager told me that although its now uploaded, the lawyer needs to send out the certificate of services, notices to the creditors with a copies of the notice of the bankruptcy case and the meeting of the creditors and deadlines (section 341 meeting notice)

            I called the lawyer back and he said that the courts need to do this.

            This info is also on the notice of deficient filing per the case manager in the bankruptcy court and it is when I read the notice of deficient filing...read below to what it says exactly:


            "THIS IS NOTICE that your petition was sumitted on September 28th, 2007. Please correct the following deficiency:

            1: The creditors were not uploaded during the electronic filing process.

            ** The noticing of this case will exclude the creditors. Upon upload of the creditors and a certificate of service to the creditors with a copy of the Notice of the Bankruptcy case, meeting of creditors and deadlines (section 341 meeting notice) these creditors will be added to the case. **

            PLEASE CURE THE ABOVE-STATED DEFICIENCY WITHIN 3 DAYS OF RECEIPT OF THIS NOTICE OR SANCTIONS MAY BE IMPOSED.




            What do I do?

            Thanks for all of your terrific help.

            Comment


              #7
              Thank you all for your terrific help.
              Can someone please help me with the certificate of service question?
              Thanks again.

              Comment

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