I really need some opinions/answers

[jessegirl]

Ok, So they filed us this morning and I called to see if I could get a copy of the petition. The paralegal tells me I do not get a copy until my 341 hearing. Is that right??

Also, I told her that the attorney said that I have 150K in cc's, and that it is not 150K, it is 190K. The paralegal tells me that it doesn't matter. She tells me that when you are doing a chapter 7 which is total liquidation, that anyway debts will be discharge that is in my name unless i reaffirm, it that true?

Last question - I asked her who was listed on my matrix and she said that even though I have 5 boa's that if only one is listed, that it is the creditors responsiblity to list all the accounts that I have with them. Is that true?

I thought that each and every one of my credit cards that I was discharging had to be listed on the matrix, even if I had 10 credit crds with the same company each account number had to be listed, in order for them to discharge the account. Is that right?

Thanks, I am so confused, am scared that if every credit cards isnt listed that once its discharged, I do not want to be left with 40-50K afterwards.

Is they any way to check right now, bring they jsut filed this mornng?

[laurannm]

Our attorney gave us a copy of our petition the night we signed the paperwork. That way we could look it over one last time before filing the next day. Personally, it sounds like your paralegal to is too lazy to make copies and send them over to you. Worst case though, you could sign up for a Pacer account and download the petition yourself, although it will cost you a couple of bucks to do so (probably a good idea to get a Pacer account if you don't already have one in order to keep track of your case). You should already see your case on Pacer (just be careful and don't rack up too many charges

For the most part, yes, any debts you don't reaffirm will be discharged (absent of any creditor objections). There are some debts that are not dischargeable (such as student loans, back taxes, etc.)

Every account we had was listed on our paperwork, even if multiple accounts resided with the same creditor. To be honest, I am not sure if what your attorney did is acceptable practice or not. Perhaps someone more knowledgable will chime in on that one

[AngelinaCatHub]

Ok, So they filed us this morning and I called to see if I could get a copy of the petition. The paralegal tells me I do not get a copy until my 341 hearing. Is that right?? You should be able to have a copy of everything filed.

Also, I told her that the attorney said that I have 150K in cc's, and that it is not 150K, it is 190K. The paralegal tells me that it doesn't matter. She tells me that when you are doing a chapter 7 which is total liquidation, that anyway debts will be discharge that is in my name unless i reaffirm, it that true? That is true. Being accurate is better, but at this point she is right.

Last question - I asked her who was listed on my matrix and she said that even though I have 5 boa's that if only one is listed, that it is the creditors responsiblity to list all the accounts that I have with them. Is that true? Again, being accurate is better but she is right. I had two cards that didn't resemble anything I knew I had and was going to pay them. Both accounts literally disappeared as they were secured by Citi a card I did have and let go.

I thought that each and every one of my credit cards that I was discharging had to be listed on the matrix, even if I had 10 credit crds with the same company each account number had to be listed, in order for them to discharge the account. Is that right? Yes and no. Accuracy is best but again if connected they should all be released. Chapter 7 is a CLEAN START.

Thanks, I am so confused, am scared that if every credit cards isnt listed that once its discharged, I do not want to be left with 40-50K afterwards. CLEAN START, won't happen if you don't reaffirm anything.

Is they any way to check right now, bring they jsut filed this mornng?

Sign up for PACER. You would be surprised. Could take and hour to post, or a day. Save the pdf files to your computer for reference so that you don't pay again to refresh your memory.

'Hub

[BROKENN]

You can get on Pacer and pay the money to get your petition right away. It will also have a matrix of creditors on it. The price is worth it because it is a one time charge you will make and you will have a PDF copy forever.

If it is missing any creditor you can amend.

My atty mailed my petition and I got it a week after we filed and after I had downloaded it.

[Logan]

Or you don't have to sign up for pacer and let your lawyer take care of you. Instead of checking pacer daily for any changes do your best to put everything out of mind and live your life to rebuild your life and let your lawyer do his/her job. It worked well for me.

It's up to you what you prefer.

Logan

[jessegirl]

thanks everyone. So does every creditor that i was a discharge from have to be on the petition? even if it is multiple accounts? I know someone answered it, but they weren't were positive.

[Cali]

At the rate you are asking questions, you are going to drive yourself loopy before you even get to your 341.

Did you not talk to your attorney at all about any of this?

Each company is listed, if you have more than one account with them it is still listed once unless they have another address. I had multiple accts with all the top tier companies and it was listed once per company.

[FreshLikeADaisy]

thanks everyone. So does every creditor that i was a discharge from have to be on the petition? even if it is multiple accounts? I know someone answered it, but they weren't were positive.

Yes, in your creditor matrix, and secondly in your schedules. Missing a creditor in your matrix can be problematic, because that means they were not legally notified of your bk.

In general, if you have a no-asset Ch7, if you inadvertently miss a creditor in your schedules (honest omission) and you receive a discharge, that debt is discharged as well. However, it can be a hassle for you if that creditor decides it's worth pursuing, so best to close that loophole now even if you are technically "safe" omitting it.

Also, keep in mind that your creditor matrix is generally what you send a copy of, with your discharge, to any creditor or credit bureau that is still reporting a bk'd acct as active or delinquent. So if you leave that creditor off your matrix, and they continue to report you as delinquent, what do you present to them or the credit bureau to verify that they were notified of your bk and that acct/creditor was included? Again, a hassle.

From everything that you've said, it would be very wise for you to pull your filing from PACER and **doublecheck** that all your creditors are actually included in your creditor matrix, and listed correctly in your schedules. Your atty can easily file an amendment to correct whatever omissions or mistakes were made in the original filing. Most amendments are free, but to add a creditor to your matrix is a $26 fee. Worth it, though, when you consider the hassles of leaving a creditor off.

Good luck!!!

P.S. There is no law, rule or custom that says you can only have a copy of your petition at your 341. You can have one before you sign, after you sign, whenever you ask for one.

[happy_ira]

Everyone has posted the answers to your questions, so I'll just add a few comments as it relates to the "softer" stuff.

1. Calm down. This is probably the hardest thing to do. It is all too easy to get overworked about this once you file. Your head can swim from all the possible angst.

2. Stay on top of your own case. No matter how good or bad your attorney may be, it is *your* financial life at stake. Sign up for PACER, keep copies of key documents, prepare to get the Trustee any information s/he requests, etc. Do not rely on anyone but yourself.

3. Calm down, again, because I know you didn't the first time I wrote it.

4. Confused? Scared? That's why this forum is here. On the one hand, this forum is packed with facts/answers about the legal aspects of bankruptcy. On the other hand, it is also filled with anonymous and kind people like you and me and many others who provide emotional support. It may seem silly as we will all never meet, but someone is actually reading what you are saying (writing) and acknowledging, and answering, etc. This forum is a Godsend to many people. Honestly, I feel bad for the people out there who need to file and do *not* know about this place.

5.

Is that right?

We are all probably reasonably intelligent people on here, but the legal system can be confusing. As questions come up, do not panic. Simply compose a new topic on here. Search the threads. Google a question. Etc.

6. Official Business envelope will soon arrive carrying your Notice of...Meeting of Creditors and Deadlines (341, form 9A) in the mail within a few days. Reality will *hit* you. Now there is a timeline and date (probably end of October for the Meeting of Creditors, if you filed today). The Trustee may request information after s/he reviews your filing. Check PACER if you want and you can see the updates (if any) and any Notices of Appearance filed there.... or anything else. If you don't understand it, post here of course.

7. Anxiety. As the days pass, you may get more Notices... Or maybe you'll realize you left off a creditor or maybe you'll realize something was wrong. Or maybe you are not sure what to wear to the 341. Whatever it may be... try to calm down. Mistakes happen quite a bit as you can see from here forums. Don't drive yourself nuts (as hard as that is).

Hang in there. Your 341 will be here before you know it. Mine is tomorrow.

Good luck.

[happy_ira]

Your atty can easily file an amendment to correct whatever omissions or mistakes were made in the original filing. Most amendments are free, but to add a creditor to your matrix is a $26 fee. Worth it, though, when you consider the hassles of leaving a creditor off.

Agreed.

FYI, I had to file an Amended petition a week after my initial one. (You can read my other posts and see why and that it was primarily due to a car that ended its lease and I had no choice; I am reaffirming the debt anyway. I also edited the Form 22A due to better information learned on here.) My attorney was not terribly concerned; more annoyed. There is a fee for filing, but there is a reason why there is such a way to file an Amendment for a reason... errors, circumstances change, etc.

I agree with FreshLikeADaisy.

[Flamingo]

Ok, So they filed us this morning and I called to see if I could get a copy of the petition. The paralegal tells me I do not get a copy until my 341 hearing. Is that right??

Also, I told her that the attorney said that I have 150K in cc's, and that it is not 150K, it is 190K. The paralegal tells me that it doesn't matter. She tells me that when you are doing a chapter 7 which is total liquidation, that anyway debts will be discharge that is in my name unless i reaffirm, it that true?

Last question - I asked her who was listed on my matrix and she said that even though I have 5 boa's that if only one is listed, that it is the creditors responsiblity to list all the accounts that I have with them. Is that true?

I thought that each and every one of my credit cards that I was discharging had to be listed on the matrix, even if I had 10 credit crds with the same company each account number had to be listed, in order for them to discharge the account. Is that right?

Thanks, I am so confused, am scared that if every credit cards isnt listed that once its discharged, I do not want to be left with 40-50K afterwards.

Is they any way to check right now, bring they jsut filed this mornng?

When you signed your Petition to be filed, were you provided a copy or was that it? You should have been provided a copy. It is your right to obtain one from your attorney and I would specifically ask for one. You should not have to incur the cost of obtaining one yourself off of PACER. They can even PDF a copy to you (scanned and sent via email). ALL creditors and accounts have to be listed in the filing. If you have six accounts with Joe Schmoe's Discount Bazaar, those six accounts should be listed and, yes, that information is to be provided by you; it is not the "creditor's" responsibility. As advised, there is absolutely no reason to freak over this. Nothing is yet finalized. Get a copy of that Petition and see what is on it; if something is missing, advise your attorney. I'm just amazed that they did not give you a copy when you signed. Try to relax - you can drive yourself nutz worrying about stuff and in the end it all falls into place. PACER can give you anxiety and sleepless nights also so be careful in there and you can run up hefty fees if you are not familiar with it - we never signed up for it - our attorney kept us very nicely informed with quarterly emails as to our case and the Trustee also sent us a statement quarterly in the mail.