What happens next???

[mynextlife]

So I called my atty office today to confirm they received the signed petition and what was the next step. She said the atty was reviewing our information and would probably file tomorrow. Do I not get an opportunity to review the information before he files to make sure it is correct?

[dingdong]

Didn't you review it before you signed it?

If the attorney provided a completed petition for you to sign, then I would assume that he expected you to review it before you signed?

If you have worries, perhaps you can ask to meet with him before he files to go over it.

[Amy26]

I didn't really get to review it before he filed it for me either. I went to his office and I thought we were going to file while I was there but he said we need to review stuff... I said ok... so we start reviewing (high level) stuff he has and info I need to know and asks me to go ahead and sign the paperwork now so I don't have to come back later.

So, we basically gloss over (what I didn't realize at the time was my actual petition) and I sign stuff and go home... later that week he says he is going to file before the end of the week. I ask him if I can review it before he does it and he's like we already reviewed it. So, he basically filed it before I really took a detailed look at it. Ended up leaving off a couple of my creditors and forgot a months worth of rental money...

So, just keep on your attorney and make sure he lets you review it again. We are paying them right?

[mynextlife]

The only thing he gave us was the petition with the amount of liability/assets we were claiming, verification of our SSN and one other document (can't remember the name of it..it was one page). Nothing listing all of the debts we were discharging or what we planned to keep out of the CH7. Should I call and set up a meeting before he files?

[Amy26]

I would...the petition is actually quite large.

[dingdong]

Yeah, call him, tell him you want to be absolutely sure. He probably will want to file before the end of the month.


See if he can email you the PDF file of the whole petition, and that way you can review it at home, and if everything looks correct, you don't have to go back in and he can just sent it as is if it is fine.

[mynextlife]

RRRRRRRRRRR.......I just got off the phone with the atty office and told her about wanting to review the docs to make sure they included everything and she tells me all creditors will receive notice of us filing BK. She only gave us the signature pages (which accounts for why it was so small) as they are really swamped.

When we initially met with the atty we told him that we had a couple of small cards that were current or had zero balances we would like to keep in addition to our home and car. I wanted to keep these account is hopes of re-establishing credit. He said nothing....

Now I find out that we can't keep any card (shows favoritism) and we should have stopped paying/using them. DH just sent one cc $100 (we could have used that $$)

She also tells me my mortgage company may require us to send our payments to a different location since filing BK.

Now I am freaked out because how will my mortgage co know I want to keep the home if they are just filing everything in one swoop!

Is it happy hour anywhere??

[OhioFiler]

RRRRRRRRRRR.......I just got off the phone with the atty office and told her about wanting to review the docs to make sure they included everything and she tells me all creditors will receive notice of us filing BK. She only gave us the signature pages (which accounts for why it was so small) as they are really swamped.

I'd be very upset if I were in your shoes. Their being swamped is not your problem and you should demand to review ALL the documents before they are filed.

[teacher]

From what I've read around here, even if you have cards with a zero balance, they will get closed.

[Amy26]

Yes, my zero balance cards already got axed...and I had one with Bank of America and I had nothing else with them. So... I dunno how they found out, but they closed it.

[music12]

they found out because they automatically search all bk filings daily.

it's strange how experienced attorneys don't let their clients review the petition before they sign it, yet the attorneys apparently expect the same clients to answer "yes" when the trustee asks them "did you read the petition before you signed it." can you imagine if a debtor said "no" to that question? the attorney would get into big trouble! of course what really matters is whether what's written in the petition is accurate, and if it is, then who cares whether you read it before or after you signed; but still.

[OhioFiler]

they found out because they automatically search all bk filings daily.

it's strange how experienced attorneys don't let their clients review the petition before they sign it, yet the attorneys apparently expect the same clients to answer "yes" when the trustee asks them "did you read the petition before you signed it." can you imagine if a debtor said "no" to that question? the attorney would get into big trouble! of course what really matters is whether what's written in the petition is accurate, and if it is, then who cares whether you read it before or after you signed; but still.

The solution is do not sign anything until you've actually read the docs. I trust my attorney, just not so much to not read what I'm signing.