Refiling the Form 22 Means Test

[BKinGA]

Next Tuesday is my 341 meeting and earlier this week I got a copy of all of the documents that my attorney had filed including the form 22 means test, which doesnt show up on Pacer. (Maybe its an attachment that the Trustee sees, but its not viewable online).

When I reviewed the documents I found some issues with the means test.

The assistant in their office had not seen the form that I initially gave the attorney with all of my information on it and instead used my current income (unemployment & pension). So its much lower than my average for the prior 6 months since I still had wages on it before I was laid off.

When I brought it to their attention, they acted like it wasnt a big deal and said they would redo the forms and related schedules and file it by Monday. (Down to the wire and Im sweating it)

Does this raise a red flag to the trustee or the US Trustee that is also listed? Even with the higher earnings, I still pass the test.

Thanks for your comments.

[justbroke]

Generally I would think a Trustee would only be concerned if you were borderline MEANSNO and then refiled your Schedules to show additional expenses.

You're adding income. Best of luck to you.

[BKinGA]

Im still waiting to see a copy of the updated 22 Form from the attorney (they havent sent it to me yet).

In case they do not submit another one on Monday (my 341 is Tuesday), what would I do when I go to court and if the judge/trustee asked me if I had read the documents??

The information they originally submitted isnt correct and is based on present unemployment and pension income (and of course the figures also roll to the related schedules as well).

Thanks for your comments.

[justbroke]

You need to seriously get with your attorney. If you didn't read it, then you say NO. Besides, you have to sign the document anyhow... unless your lawyer does an electronic signature for you. But even then, you still have to physically sign an electronic filing declaration.

Hopefully you get this all worked out Monday and before your 341. Remember, you are responsible for what's in your petition, not your lawyer.

[BKinGA]

Oh my! He asked me to sign the forms in blank when I first visited with him. BIG MISTAKE on my part.

So assuming that he does file another one, does he have to get my signature again?

[justbroke]

Oh my! He asked me to sign the forms in blank when I first visited with him. BIG MISTAKE on my part.

So assuming that he does file another one, does he have to get my signature again?

SIGN THE FORMS IN BLANK!!!

Wow.

He doesn't need another signature if you already signed a declaration that the forms are accurate... at least I don't think so.

They file them electronically, so there isn't a real signature, except for on a manually scanned document which verifies your signature (the form you signed earlier)

[BKinGA]

Okay, I will be calling him first thing in the morning.

Thanks!

[BKinGA]

More questions...

If the attorney doesnt for some reason refile the form 22 means test (even though I will call and go there if needed tomorrow)

and I say NO to the judge, that I didnt read the papers, I am going to look like complete idiot. (Which I was for signing them in blank)

What if I said that I read them but that I thought the means test should show present income, and only found out after it was already filed.

What would happen? Would the judge re-schedule the 341 to give the attorney more time to refile the means test or would he dismiss my case?

I really need to know the possible ramifications, decisions...cost, time frame...

Thanks a lot.

[BKinGA]

Could I please get comments on my last post. Thanks

[brokenbuthealed]

Unfortunately I don't really have anything to add to you, but I am intrested in hearing any responses or experiences with this. When I went to my attorney he put all my info in the computer and when he finished the only thing he had me review was the list of unsecured creditors. When I asked for a complete copy of the petition I was told that I would get it the day of my 341 meeting. It wasn't until visiting this forum I found out I'd be asked if I'd read the petition in advance.