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What actually happens on Filing Day?

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    What actually happens on Filing Day?

    Do you and the attorney actually go to the court together and file?

    I read a post here somewhere (can't find it now) where someone recommended having no or little cash in bank accounts on the day you file because "the trustee might say write me a check for $XX right now." I'm paraphrasing but that was the gist of it. I don't think the person meant at the 341 meeting, because the advice was specific about cash in the bank on the day of FILING. I do know that the 341 is several weeks afterward.

    Or am I completely confused?

    Unrelated question: If the attorney finds out right away that we have been assigned a "bad" trustee...can the filing be withdrawn temporarily on some "glitch" and refiled shortly after, maybe even the same day??
    I have been hearing some stories about "well-feared" Ch 7 trustees, and am wondering if it's possible to reshuffle the filing cards, so to speak?

    Also...actually at the 341 meeting...are other people in the room able to watch and listen to YOUR meeting? I've seen a few posts that seem to suggest that everyone can listen to the cases in front of them?? Seems like such a lack of privacy... ?

    #2
    Originally posted by nickifan View Post
    Do you and the attorney actually go to the court together and file?
    No, it's all done electronically. You'll go to your attorney's office and look over all the paperwork and sign it. The attorney or more likely a paralegal pushes a button in a bankruptcy software program that transmits your petition to the bankruptcy court's computer, which then assigns a case number and files your case.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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