Can someone tell me what this means?

[debtfreeplease]

I filed on 10/31 and it says this on pacer:

Full Docket Text for Document 1:
Chapter 7 Voluntary PetitionSchedules A-J & Statement of Financial Affairs. Fee Due $299 Filed by 'xxxxxx' on behalf of 'xxxxxx'. Automatic Dismissal Deadline per RA 316 due 12/15/2008.

What is that automatic dismissal thing all about?

It also says this:

Flags: DebtEd, MEANSNO

I did the pre-bankruptcy counseling, so why is this flagged? Because I havent done the post counseling yet?

Can anyone explain what this stuff means?

Thank you!

[AngelinaCat]

It looks like you or your attorney needs to file some paperwork in your schedules that was omitted. Was yours an emergency filing? If so, you or the attorney had 15 calendar days to file the rest of the paperwork. If you haven't finished paying the attorney, that could be what the $299.00 is about.

DebtEd: make sure your certificate for the first course is included in your paperwork. Then go ahead and complete the post-filing course asap and the certificate is filed. Then that flag will go away.

MEANSNO: This is good. It means that your case has been looked at, and no presumption of abuse (of the BK process) has been found.

Good luck to you. It looks like you are on your way.

[debtfreeplease]

Thanks Angelinacat, it was not an emergency filing. I did pay my attorney the fees, and scheduled my post counseling for 11/11. Is this not soon enough? I have to say, my lawyer does not seem on top of anything at all, I caught a few mistakes that he made that probably could have cost me the whole case if I hadnt made him correct them. I am very worried now that he didn't submit enough paperwork, does this: "Automatic Dismissal Deadline per RA 316 due 12/15/2008" mean that if he doesnt submit it by 12/15 that my case will be dismissed?

[AngelinaCat]

So far, I'm not finding anything about the "RA 316". That might be something that is used by your district and nowhere else. I see that you are in New York. I am sure that some of the new York members will weigh in by and by.

Here is the link to the thread about PACER in this forum. Scroll down and you will see some of the flags and their definitions.

And you need to keep after the attorney. Granted, they are getting busier by the day, but that is no excuse for slackness. Our attorney was not that great and made all kinds of errors that should have gotten us dismissed. Instead, we did get discharged.

We are an asset case, though, and won't close until after we make the last payment to buy our stuff back from the BK estate.

I need to go to work now, but I'll check back later. Good luck.

[debtfreeplease]

OMG I just downloaded my petition and I think my attorney checked the wrong box, he put a check next to this: "Debtor estimates that funds will be available for distribution to unsecured creditors." This is wrong right? I don't have any funds! Is this going to mess up my case? Is it too late for my lawyer to change this? I am freaking out.

[happy_ira]

debtfree:

1) Do not freak out. As I have learned, errors are made in filings and you can always amend. It is not the end of the world.

2) The box you are talking about is located in the "Statistical/Administrative Information" section, yes? While you may not find this correct, the fact that your atty checked it may NOT mean a hill of beans. You should check the boxes above to be certain those are correct. From my understanding, this section does not mean you'll actually have the funds avail; it's just for summary statistic purposes. And the # of creditors - it can be wrong too - it's not for the final use. Maybe your atty checked it to try to trick the court? Dunno.

(Separate issue, you should go over all filings/boxes with a fine toothed comb before your atty files anything. I had a mediocre atty in NY and switched to another that is incredible. NYC.)

[WoodSprite]

Hey, DFP - I'm in NY, too, and all that stuff looks pretty familiar to me. "Fee Due $299 Filed by 'xxxxxx' on behalf of 'xxxxxx'." is just incomprehensible shorthand for "the fee due of $299 has been submitted by [your lawyer] on behalf of [you]". The DebtEd flag is showing, as you suspect, because you haven't done the post-filing counseling (which you can do any time now). And I believe the automatic dismissal is the date the case will be dismissed if you don't show up for your 341. RA is just the initials of the clerk or possibly the trustee who entered the info into PACER. Looks normal and all okay to me. Relax!

[debtfreeplease]

If it is amended does that take extra time and extend the time until my 341? So this error isnt going to screw things up for me?

[debtfreeplease]

Thank you Woodsprite!

[debtfreeplease]

Is there anyway to find out when my 341 is on pacer? Or do I have to wait for the letter in the mail?

[WoodSprite]

Is there anyway to find out when my 341 is on pacer? Or do I have to wait for the letter in the mail?

It'll be posted on PACER, but your attorney will probably know right away.

[WoodSprite]

If it is amended does that take extra time and extend the time until my 341? So this error isnt going to screw things up for me?

I don't have any personal experience with this, but I'm sure it won't change the date of your 341. I've heard of attorneys charging for amendments, but under the circumstances I would assume they'll just fix their error.

[happy_ira]

If it is amended does that take extra time and extend the time until my 341? So this error isnt going to screw things up for me?

Nope. I amended my filing in NY a few days after the initial filing; the 341 date does NOT change.

Why are you amending? Do not amend for the statistics box error. (By the way, you could check off you plan to reaffirm something, but then later decide not to. Checking off some boxes do not matter.) Are there other errors?

[debtfreeplease]

Yes actually, where it lists the creditors that you owe, it lists that I owe HSBC's Orchard Bank card $154, but I paid that card off before I filed in hopes that they keep it open. Will this affect anything?

[happy_ira]

Yes actually, where it lists the creditors that you owe, it lists that I owe HSBC's Orchard Bank card $154, but I paid that card off before I filed in hopes that they keep it open. Will this affect anything?

Well, I think HSBC will close your account within a couple months anyway. A few of my credit cards closed my account (even though I had no balance) once they saw a bk on file (all this BEFORE discharge). So, I wouldnt count on them keeping it open.

As far as amending... just to take off a creditor of $154? I think it doesn't pay; I would just leave it alone. Someone more knowledgeable will speak up.