so angry, 341 rescheduled.

[nullbalance]

i am livid. i am pissed. i am hurt. i am upset. i am angry.

i went to my hearing today, already a bundle of nerves and fearing the worst. i sat there for 30 minutes watching the other cases and started to ease up when i saw how quick and painless it all was. then my lawyer spots me and comes over, shakes my hand and says "hi...we have a problem"

my first thought was that a creditor came and caused trouble.

he explained to me that my hearing was being rescheduled due to missing documents in the filing. i knew right away what had happened.

after i filed i got a notice from the court requesting my cc certificate. i knew it was included with the paperwork we did, but i called the lawyers office anyway and asked the paralegal about this. i specifically asked did i need to bring another copy down there or will she be sending in a copy from what she had. she said NO..no...no worries, no fear, she got the notice in the mail too and it was already taken care of. so i relaxed a bit, but after 2 weeks i saw on pacer that the document was still showing as missing. i called back and asked her again if this had been handled because the court says it hadn't. she reassured me again that it was handled and i didnt need to worry about anything else other than showing up for the hearing on time.

i called again friday and asked was everything good to go...again...reassurance.


because her lazy ass lied to me i have to wait another month for my hearing!@#$$@# i took a day off of work to go down there. also, another client of his who was supposed to go after me fell to the same fate. my lawyer says he had been working out of his offices upstate for a week or two and had no idea that there was something crazy going on in the office. his talk suggested to me that everyone working in that office hasnt been doing their job.

i got home and called the office, and when i gave the secretary my name and demanded to speak to the paralegal, she immediately told me she was busy and if i wanted to leave a voicemail. i told her no, because she won't call me back, take a message and tell her i am LIVID@#$

it's 5 hours later...have i gotten a call back? no.

i am so upset. i've been crying since i left the court. i wanted this to be offer today! now i have to wait. will this set back my discharge date? will this give creditors more time to get their crap together to come after me?

i can't believe this

[momof3b1g]

I'm so sorry you had to go through this. I would be ticked too. Its a good hour drive for us so i hope that doesn't happen.
What is a cc certificate? Why do you have to wait a month? Can't they do it before then?

[journey]

I dont Blame you for being Upset.

From what i understand it will still be 60 days after your next 341 meeting before you can get discharge.

I came allfull Close of geting done like you did. I asked my attorney on the phone about a Deed to some proprety and when i got the the 341 meeting she asked if i had it. I told her NO you told me i didnt have to bring it. So luckly the Trustee said it would be all right that i didnt have it.

[PoorGrammyinBK7]

We almost had that happen too, but managed to get it together before the 341. Actually I believe it is 60 days from the date of your first 341 meeting for the discharge, so it may not effect you - but I could be wrong about that.

[Grider]

take our own copies folks

[nullbalance]

my lawyer had the documentation but the trustee wasn't hearing it. what kind of recourse do i have? because of this paralegals mistake, i've been set back. i lost pay at work for taking off to go to this thing. i think the secretary at the office is screening her calls because she is always 'out or on the phone' when i call. she hadn't returned my calls from yesterday or this morning. the lawyer won't be in until late this afternoon.

[justbroke]

Even though I'm a pro se filer, this is why I bring everything with me every time I'm in Court. You just never know.

I'm very sorry to hear about your misfortune.

Perhaps your attorney will pay your expenses for the day, since it was his office's fault.

[bkchap7filer]

I totally agree... bring everything with you!!!! There was a question about what to bring the other day and I was in the minority to say to bring it all with you. My rationale is that it isn't a problem to take folder in with you (isn't heavy, doesn't cost any more, etc) and there is ZERO chance you will regret taking it with. If you don't need it--fine, you don't have to use it, but you won't regret bringing it. However, if you don't take it and need it.....hello, regret! I took everything to my 341 meeting and didn't need anything but was a security blanket to have it in case I did need it.

I am truly sorry for your situation and am not suggesting you are at fault at all!! Taking it would have been overkill, but I vote for overkill.

[Mi Bankruptcy]

Your nice, I would have went right from court down to the office to give her a taste of your thoughts. I would start pressuring your attorney to find out what he plans to do to compensate you for your time and travel.

[Keebler]

my lawyer had the documentation but the trustee wasn't hearing it. what kind of recourse do i have? because of this paralegals mistake, i've been set back. i lost pay at work for taking off to go to this thing. i think the secretary at the office is screening her calls because she is always 'out or on the phone' when i call. she hadn't returned my calls from yesterday or this morning. the lawyer won't be in until late this afternoon.

I hope this helps a little...

The lady before us at our 341 meeting got grilled by the Trustee with the US Trustee participating by conference call. From the discussion we learned that she was refused by a couple of local Bankruptcy attorneys before she was taken in by maybe the worst attorney in town. (Her situation was VERY questionable!)

Among the things this attorney did was to file her petition indicating the presumption of abuse! The DAY BEFORE the 341 meeting he submitted an ammended petition shwoing that she suddently had no disposable income. Later through PACER I see that he also failed to submit a signed copy of the amended petition (or something) and got a nasty letter from the court because of that too.

Needless to say, I sat at the 341 with my mouth open and thanking God we were prepared well by the Forum and everyone here. I wasn't surprised a bit when the lady's 341 was continued the next month because the US Trustee had questions and wanted more documentation.

I thought for sure this lady was going to get her case dismissed!

As it turned out, her 341 continuation didn't change the 60 day waiting period and none of the chaos really mattered because she actually got her discharge a couple of days before I got mine.

[nullbalance]

i couldn't see her face to face. i have my mother's extreme temper when i've been slighted. small mistakes i can handle, but something like this that is basically my LIFE just sends me over the edge. i would have been carted out of that office for attempting to choke the taste out of her mouth. i'm trying to wait for the lawyer to come into the office this afternoon and i'm going to call and annoy everyone there until i get him on the phone. as i said before we had the information, but the trustee wasn't willing to continue with the hearing. i figured she had enough of people not having their social security cards and drivers licenses (she made a nasty comment about it after the 3rd person showed up without it) and since both myself and other clients of his were in the same situation she just rescheduled us all. i could have pulled that document up on my phone and showed her the pdf as well. so lets get past the bring copies thing. the point is i wouldn't have been in this situation if his paralegal had done her job WEEKS ago instead of lying to me and saying things were taken care of.

[Mi Bankruptcy]

Start calling every half an hour. If they say something such as.. She will not be in until X Time and why are you calling.. Just tell them. Well.. I figured you were wrong just like your office told me " MY CLASS CERTIFICATION WAS SENT TO THE TRUSTEE."

[justbroke]

i could have pulled that document up on my phone and showed her the pdf as well. so lets get past the bring copies thing. the point is i wouldn't have been in this situation if his paralegal had done her job WEEKS ago instead of lying to me and saying things were taken care of.

Just so you know... pulling it up on the phone is not the same thing as submitting it to the Court. In my particular area, the 341 Meeting location is actually in the same building as the Clerk of the Court, the Courtrooms, and the U.S. Trustee's offices. (Convenient.) For me, having it and asking to just move me to the bottom of the list for the day, to be recalled, would be a smiple matter of running upstairs, and filing it myself. Don't take anything away that I or anyone else is blaming you for not having a copy there. Sometimes, the Trustee will accept paper copies in hand during the 341. That's the only reason why we mention it, and I've witnessed this personally.

However, on a Debtor Education Certificate, that does need to be filed with the Court.

I can't believe that office is that backwards and outright liars. Again, seek compensation. Apologize for nothing... you weren't in the wrong.

[bkchap7filer]

"so lets get past the bring copies thing."


Ummm, you were the one in your original post that was going on about how you called to see if you should bring a copy or not, yada, yada, yada. So, you were the one that indicated that bringing the copy was in question.

You DO realize that no one has said this is your fault, right?

You DO realize that people are just trying to help, right?

You DO realize that if you had clearly indicated in your first post that you had the copy with you people wouldn't have suggested you bring it, right?

I guess you do have your mother's temper!! Sheesh....we are not the enemy...the paralegal is!!!!

[nullbalance]

omg nevermind!