Pacer Error

[jrsmom]

Just reviewed documents on Pacer for DD's BK7. New document on there so I take a look at it. It's a Motion for Relief from the Automatic Stay and Co-Debtor Stay for SOMEONE WHO ISN'T MY DD and it's for their BK13. Anyone had this happen? I immediately faxed a copy of it to DD's atty but given atty's past performance, I'm worried she won't do anything. Any advice would be really appreciated!

[FreshLikeADaisy]

Jrsmom, it took me a minute to figure this out, but what I'm hearing you say is that someone filed another debtor's Ch13 related motion on your daughter's Ch7 case. Did I get that right? If so, call or visit the Bankruptcy Clerk's office and let them know a document has been filed on the wrong case. Clarify before you call whether the error was in the document (wrong case number, for example) or with the Clerk's office (paperwork was right, they just filed it on the wrong case). Be prepared to give them your daughter's case number, and the name or case number of the incorrectly filed document. Chances are your attorney's staff has already taken care of it, but if not there's no harm in following up yourself. Clerical errors are the clerk's domain, and even though you have an attorney, you do not need to go through him or her to interact with the clerk. Hope this helps!


Oh, and a P.S. for you: if you really felt like being proactive, you could call the attorney's office that filed it (assuming it was their error) and let them know they got the case # wrong on their paperwork. They will definitely fix that with a quickness, since a motion filed on your daughter won't get the the lift of stay they're looking for.

[jrsmom]

Thanks for the reply. You are correct, the document that was filed on DD's BK7 was for another person, different case # and for BK13. I went onto Pacer a few minutes ago and there is a notation that says that the incorrect entry is void since the case # on the document doesn't match and that the filer should refile it. So, I think that's been taken care. DD has appt to go over everything with her atty tomorrow and she will double check to make sure.

[FreshLikeADaisy]

Good deal! Hey, at least *something* has worked out right, eh? Good luck!!!