Once your lawyer files the papers is there any way to stop it?

[Mi Bankruptcy]

Tell your attorney that when they ask you if the numbers are correct on the paper work during the 341 you are going to reply "No". You are also going to file a complaint with the Bar if they let you walk into this without explaining the situation or fixing the paperwork.

My questions is.. Does the paper reflect what your income was previously? It does make sense that they would only use 80hrs. You never know when overtime can be cut.. even if you have always had overtime.

[aces67]

Tell your attorney that when they ask you if the numbers are correct on the paper work during the 341 you are going to reply "No". You are also going to file a complaint with the Bar if they let you walk into this without explaining the situation or fixing the paperwork.

My questions is.. Does the paper reflect what your income was previously? It does make sense that they would only use 80hrs. You never know when overtime can be cut.. even if you have always had overtime.

It does truly reflect what dh would make on 80 hours but he has been getting approximately 90 hours every 2 weeks.

[Mi Bankruptcy]

It does truly reflect what dh would make on 80 hours but he has been getting approximately 90 hours every 2 weeks.

The 90 hours would matter in a Chapter 13. The reason is because you BK payments are based on the amount you able to repay. Thus, if your DH is working 90 hours he can pay more. If you were in a Ch13 and his hours were cut then you would contact the trustee to see about adjusting payments.

It's more important to know the future income in a CH13 than in a CH7. I am assuming this is why your attorney is not that concerned and just wants to put down 80hrs. He already listed previous income history. However, remind your attorney that you are ultimately responsible for the paperwork and you want it to reflect what you believe is correct. Your attorney needs to convince you otherwise and have them put it in writing. Hope that helps a little.

[aces67]

That makes me feel a little better. Provided that I make it to the 341 without going insane first how will I know if things are good or not? Will I leave the 341 with some peace of mind either way or not really?

[Mi Bankruptcy]

I didn't have any difficulties with my 341. However, I have read numerous threads where people typically have several inquiries for additional documentation or questions about what is on your petition from the trustee or US Trustee. Think this way, If everything is quiet and you answered everything honestly you shouldn't have any problems. I also recommend getting a PACER account to look at what has been filed in your name. The trustee can make notes on the "docket report' about what is going on with your case.
I initially downloaded all my original documentation. Then I logged in and if the date changed on the account since the last time then I looked at it. It cost .08 per page. Only query with your BK case#. You will also see if you have any flags.

http://michiganbankruptcy.wordpress.com/2009/03/20/using-pacer-reviewing-bankruptcy-case/

[aces67]

I have a pacer account but so far all it shows is my Ch 13. How long does it take before it updates?? I did recieve my official paper from the courts and it states when my meeting is scheduled but it says not enough info has been submitted to know if presumption of abuse arises.

[whipster1]

If everything goes bad usually the worst that happens is the UST wants a conversion back to the 13.

[aces67]

So if that happens I still have the option to wait a few months and convert again right?