Emergency petition 15 day deadline?

[PoorGrammyinBK7]

Has anyone filed an emergency petition with 15 days to get the rest of the scedules in?

Does this mean 15 days - or 15 business days?

I am just concerned because I think we have all our stuff to the attorney, but have not heard from them yet to check it over again and 15 days is up tomorrow!

The assistant said they have been literally "swamped" and mentioned the possibility of filing an extension, but whats that about? Is that normal?

If you miss the deadline can they automatically dismiss your case? If so is there anything you can do? Can you refile or get it back open somehow? If that happens, does it re-set the start date of your case and 341 mtg or does it stay the same? And what would it cost?

Maybe I am worrying prematurely but can't get in touch with the office right now.

[AngelinaCat]

Ours was an emergency petition filed on the last business day of 2007, namely Dec. 28. News Eve and New Year's fell in that time, so I'm going to hazzard a guess and say it is 15 business days. We had an appointment for Jan. 11 to finish up, but something came up unexpectedly and I had to be out of town on that date. The earliest I could be in the attorney's office was Monday Jan. 14, at which point the Shrew-From-Hell spent 30 minutes screaming at us. We should have told her where to stuff it and walk out of her office. But we didn't. We were remaining *professional* even if she wasn't.

[PoorGrammyinBK7]

Ours was an emergency petition filed on the last business day of 2007, namely Dec. 28. News Eve and New Year's fell in that time, so I'm going to hazzard a guess and say it is 15 business days. We had an appointment for Jan. 11 to finish up, but something came up unexpectedly and I had to be out of town on that date. The earliest I could be in the attorney's office was Monday Jan. 14, at which point the Shrew-From-Hell spent 30 minutes screaming at us. We should have told her where to stuff it and walk out of her office. But we didn't. We were remaining *professional* even if she wasn't.

Hmm, does sound like 15 business days in your case - unless there was an extension filed or something.

[FreshLikeADaisy]

Grammy, what I would do if I were in your shoes is to check PACER and see with my own eyes what has been filed, and go from there.

An emergency petition is one in which only Form 1 (the Voluntary Petition), the Statement of SSN, the creditor matrix, and the credit counseling certificate are submitted; the rest of the Ch7 bk -- pretty much in its entirety -- must then be submitted within 15 days. And yes, if you do not meet the deadline your case can be dismissed. Here's a basic overview from the Nolo Press book (about halfway down the page): http://www.nolo.com/product.cfm/obje...Chapter/3/213/

I do not know of any means by which an extension can be applied for to extend the deadline for submission of required documents in a Ch7 emergency petition *without a motion for cause and a hearing*, and to be honest I don't think it's commonly done: seems like if the atty has time to draft a motion and go to court for you to explain to the judge your really good reason for being late, he has time to get the forms in. I hope I'm wrong for your sake, but in the meantime... hop on this!!! Look up your case in PACER and see what's already filed and when. It will also tell you the date of your 341 hearing, which you really need to know.

Here's the actual law -- F.B.R.P. 1007, especially (a)(4) and (c) -- http://www.law.cornell.edu/rules/frbp/rules.htm. It doesn't say anything about business days, just 15 days.

Good luck!!!

[HHM]

The 15 day deadline on emergency filing is CALENDAR days, NOT business days.

So, for example, if you filed your petition on July 21, you would have until 11:59pm on August 5th to file the remainder of your petition.

It's best not to run afoul of that deadline.

Just about every legal deadline in every statute, both federal and state, go off of calender days. Basically deadlines work like this:

--The date the deadline starts does not count (i.e so if the rule is, you have 15 days from the date you filed your petition....the day you filed your petition does not count toward the 15 days).
--If the end date of the deadline falls on a weekend or legal holiday, then the due date is the next business day. So, if the last day of the deadline fell on a Saturday, you would have until Monday to meet the deadline.
--But in all cases, days are counted by calendar days, not business days.

[PoorGrammyinBK7]

Thanks for all the replies.

I emailed the law office this morning and did not get a reply so I called again just before noon - finally got through and they did get my email.

The paralegal is on vacation and the attorney is in court. The assistant said they were going to file an extension on Monday and not to worry because "we do this all the time". I PRAY that's okay!!!

Also looked on Pacer and it gives a deadline of July 28th - but I don't understand - since we filed the 9th, it seems it should be today (24th) if it is 15 days.

But they assured me they know what they are doing, so I guess it will be okay.

We have an appointment next Friday to get everything finished.

My 341 is August 14.

We're gonna need all the support and prayers we can get because its not just a simple case. If you have read my posts, you know what I mean.

[PoorGrammyinBK7]

Update on deadline question...

For anyone who was interested in this thread,

A few days ago (Monday the 28th I think) I checked PACER again (good suggestion, FreshLikeaDaisy) and there was a Motion to Allow (which was a actually a request for 10 extra days, due to attorney overload, basically). On Friday, there was a filing of an "order" saying it had been granted - with a new deadline of August 7. Had meeting and still have a few things to correct but will have it all in early next week. No change in 341 date.

[AngelinaCatHub]

For anyone who was interested in this thread,

A few days ago (Monday the 28th I think) I checked PACER again (good suggestion, FreshLikeaDaisy) and there was a Motion to Allow (which was a actually a request for 10 extra days, due to attorney overload, basically). On Friday, there was a filing of an "order" saying it had been granted - with a new deadline of August 7. Had meeting and still have a few things to correct but will have it all in early next week. No change in 341 date.

Thank you Lord. Grammy ve ist vatchink du. Love. 'Hub & Mrs.

[FreshLikeADaisy]

Oh, Granny, I'm SOOO glad for you. You had me worried, actually.

Good luck and smooth sailing from here on out!!!

[PoorGrammyinBK7]

Wow FreshLikeaDaisy - I was really worried too! The 15th day and I could not get in touch with them!

Still can't figure out how the math was done on that one, but it appears to be okay.

Now I have to go back into the office and make sure they have all the info on the schedules before submitting the rest of the case. They gave me the newest draft of it and I just noticed that its missing several figures, all of which I have already given them (even copies of documentation), but for some reason they are not on the schedules!

But it will be okay. I hope!!

At least I am no longer having the horrible stomach aches/cramps all day long - or whenever BK was talked about - like I was having in the month and a half before filing! Must have been totally stress-related.

[FreshLikeADaisy]

Glad you're feeling better!!! Yes, it probably was stress -- it's indescribable to someone who hasn't been through it, just the sheer amount of daily thought and worry that goes before a bk filing.

In the meantime, I'm crossing my fingers for ya!!!

Definitely keep an eye on PACER -- daily would not be too often at this particular point in the process -- and make absolutely certain that when the atty does file the remaining docs, they are what they are supposed to be. Review them very carefully, every last detail. That way you don't get caught unawares at your 341 by your trustee asking why you have $2000 in monthly food expenses when it's just a typo on your form. Forewarned is forearmed, as they say.

Good luck!!!

[pa308]

That way you don't get caught unawares at your 341 by your trustee asking why you have $2000 in monthly food expenses when it's just a typo on your form. Forewarned is forearmed, as they say.

Good luck!!!

I agree with Fresh. I had to amend mine because my food expense was overstated by about 300.00.

Also by reviewing them very carefully you are also preparing yourself for the 341 .

If its any consolation my attys paralegal wanted to do a 15 extension even though they had everything from me. I nagged and they filed everything on regular schedule.