Lawyer messed up my means test

[slydog1967]

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[CindyLou]

Question: how did they enter your mortgage wrong? And did you fail the means test or are you under the medain?

[slydog1967]

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[CindyLou]

being below the median and failing the means test are different issues. Can you please clarify which one was in question?

[slydog1967]

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[kiddles]

Will the judge not allow you to amend your filing with the correct mortgage info?

[slydog1967]

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[DontBother]

So from what it sounds like, your bonus was paid to you within the most recent 6 months? But if you had waited a little longer, then it no longer would of been within 6 months? If that's right, then I think you're screwed. Your case will probably be dismissed, and you'll have to re-file at a later date.

[freshstart06]

The lawyer messed up period!!!! You trusted him to know his stuff, it should not matter if the computer has a glitch in it or not, he should not have depended only on the computer. There are people that do their means test by hand, you lawyer should have taken the time to review everything.

I would seek out your rights.

[lrprn]

SlyDog, yes, your lawyer made a mistake. However, you are supposed to review the forms in detail and correct any mistakes before signing the forms before they are given to the court. In the eyes of the law, YOU are filing, not your lawyer.

Because of this, I doubt if there are legal actions you can take against your lawyer, although if you explained this situation very carefully and the lawyer still made the mistake, you can consider reporting him/her to your state's attorney general or other governing board for misconduct in the practice of law - http://www.nbtanet.org/public/discipline/index.shtml

In this situation, you may be able to request a voluntary dismissal of the case although you will have to show cause. If the dismissal is granted, then you can refile for Ch 7 in 180 days.

[DontBother]

In this situation, you may be able to request a voluntary dismissal of the case although you will have to show cause. If the dismissal is granted, then you can refile for Ch 7 in 180 days.

Just a quick question: What if the case is thrown out as an INVOLUNTARY dismissal? How long must a person wait to re-file in that case? Is it still 180 days regardless of voluntary vs. involuntary?