so angry, 341 rescheduled.

[justbroke]

Disregarding any my prior posts or any other post which reinforces the "bring everything" mantra... let me just say this.

It is a best practice to bring everything with you to your 341 Meeting. If you are confident in your lawyer, then this may be relaxed. However, experience dictates that if there are any questions at all, even on a specific document, then bring them all. Even if you leave them in the car... you can be recalled later during the meeting... allowing you to run out and get them.

I post this not for you, nullbalance, but for others who will read this forum and the archives and wonder what the accepted practice is. Your experience in this matter helps to reinforce the needs for this practice.

Again, please... be sure to continue to press your attorney to compensate you for your inconvenience. It could be in the form of a fee "rebate" or refund or part of his fee. This would be fair. Let us know how that works.

[nullbalance]

So I checked pacer today and my discharge and objection dates have now been extended. I've been trying to get in contact with my lawyer with no luck. I managed to talk to the paralegal and she claims that the reason this all happened was due to error on the part of the trustees assistant for not entering that my certerificate was received after they sent notice.

I don't know what to do now. I told her I wanted to talk to the lawyer and I wanted to know if I can get my 341 rescheduled for an earlier time, because none of this was my fault and I'm being punished for her or the courts mistake.

Of course I haven't gotten a call back from the lawyer or her, which means another day of phone tag.

[justbroke]

More excuses... wow. Any halfway decent Bankruptcy lawyer knows that the Credit Counseling certificate needs to be filed with the Clerk of the Court... NOT the Trustee.

[nullbalance]

More excuses... wow. Any halfway decent Bankruptcy lawyer knows that the Credit Counseling certificate needs to be filed with the Clerk of the Court... NOT the Trustee.

maybe i wasn't clear. she said the certificate was filed and the court received it, but for whatever reason it showed that it wasn't. so the trustee sent me a deficency notice requesting it be sent by a certain date, even though they had it and got another copy of it from the lawyer after the notice was sent. the trustee neglected to enter into the docket that certificate was received by the deadline on the notice. so the deadline timed out and it appears as if they never got it.

i hope that makes sense.
i'm still trying to make sense of it myself.

[justbroke]

maybe i wasn't clear. she said the certificate was filed and the court received it, but for whatever reason it showed that it wasn't. so the trustee sent me a deficency notice requesting it be sent by a certain date, even though they had it and got another copy of it from the lawyer after the notice was sent. the trustee neglected to enter into the docket that certificate was received by the deadline on the notice. so the deadline timed out and it appears as if they never got it.

i hope that makes sense.
i'm still trying to make sense of it myself.

Still makes no sense. Once the Court receives it, it gets docketed.

As a matter of fact, in most Districts, the lawyer must use CM/ECF (ultra-PACER basically) and must file everything electronically. It would have been on the docket!

This is why I'm very curious and suspicious.

For example, if it were docketed, but the FLAG wasn't updated... all they need to do is this:

lawyer: we sent it in, it's Document No. 18
clerk: yes, I see it... no problem.
Trustee: yup, right there.

What your story reads like is a bunch of he said/she said. It does not show me that the certificate was ever docketed.

Or, your District is just backwards and doesn't operate like the others. It just makes no sense at all. This is a base (core) document required to be filed. It's not like an insurance policy.

The key documents are the petition, debtor education, payroll advices, and tax returns. Absolutely required documents. I just don't get it.

[nullbalance]

me either, can i call the trustee and ask what the deal is?

[justbroke]

me either, can i call the trustee and ask what the deal is?

For curiosity's sake... I would. Would be interesting.

[nullbalance]

ok, i called the court and the clerk said they did get the document on dec 1st before the deadline. i called the trustee and she refuses to give me any information as to why my case was continued.

[justbroke]

ok, i called the court and the clerk said they did get the document on dec 1st before the deadline. i called the trustee and she refuses to give me any information as to why my case was continued.

He said, she said.

Wow. Just wow. Someone is now owning up to the problem.

[nullbalance]

i'm about to break down. why the hell does my life have to be put on hold because of someone elses screw up. damnit.

[justbroke]

Hey, null... I was thinking. Did you check PACER to see if it was actually docketed on 12/1 or somewhere about that time? If it was... someone seriously dropped the ball.

[nullbalance]

there is nothing entered on the docket for 12/1. on the deadlines and schedules, it shows 12/01 that the compliance deadline was terminated and marked not 'satisfied'. all i can guess to figure is that the date was entered under the wrong column which makes it look like i failed to meet the deadline. it still makes no sense because in the documents it shows that they got the certificate on 11/18/08


deadlines/schedules:
6 Compliance Deadline 11/13/2008 (date entered) 11/27/2008 (due date) 12/01/2008 (date terminated)


from history of documents
9 Filed & Entered: 11/18/2008 Certificate of Credit Counseling

[justbroke]

Reading that, just makes me angry! At least, you have it all fixed now. Still enough blame to go around though.

[allavdj]

You remind me of my wife...everything is a big deal, regardless. I guess I balance things out by taking the view that -nothing- is a big deal and I'll sort it out and life will go on.

Just remember, even though your meeting has been rescheduled, that's not a bad thing. You're still under the protection of the stay and if no creditors have done anything yet, it's not likely they will now. We all know you want it over and done with, but step back and breath a little bit, accept the situation and calmly work towards a solution.

[nullbalance]

it is a big deal to me, because someone else's mistake has set me back 2 more months when this should have been over and done with. it is a big deal to me, because if i get this job i want in texas before the end of next week, i have to figure out how to move out of state to there and still manage come back here for court. it's a big deal, because my sorry lawyer and his entire office is not communicating with me at all about what is going on. i paid for a service. i expect that.

so yeah it's a big freaking deal to me and i am going to be pretty damn pissy about it until it gets fixed.