bankruptcy clerk problem maybe.

[Patch]

maybe it is nothing but it is annoying me.
the day we files pro se ,he made some off the wall remarks regarding my origins,and was asking if I intended to stay in this country after the bankruptcy.
and each time we went to the office,he was huffing and puffing at us,but very nice to others that were there.we had to file an amendment and forgot to file a cover sheet with it.he was the one doing it.we receive a phone call the next day from an another clerk telling us to redo it.we did it with a different clerk who was very nice.(on the computer,she put our bk number as the name of a file when she scanned our papers)
on nov 24th ,we filed our credit counseling papers,with the first clerk,he named the file,not by our bk number,but by a nickname that some people use to refer to my origin.on the receipt it says that it would be emailed to the trustee.is it done right away,or does the clerk has to do it later?
I check on freedocket to see my status,and there is no entry for the credit counseling.did it forget it? does it need to be on it?

maybe I am worrying for nothing....

[MSbklawyer]

What do you mean by "your origin"? You make it sound like you hatched out of an egg or something.

Low level federal employees are often notoriously inefficient, obnoxious and arrogant. It comes from having nothing much to do all day and being, for all intents and purposes, life tenured. It's not universally true, of course, but that's probably what you're enountering.

If the clerk is supposed to mail your credit counseling papers to the trustee in your district and hasn't done so, you might just mail them yourself and file a certificate of service saying that you've done so.

[Flamingo]

My first thought after reading your posting was that this employee is overworked and underpaid and probably does not like pro se filers due to the added work and questions involved as many pro se filers make a lot of errors. Secondly, as to any comments he made to you; if he said anything that was discriminatory as to your race, age, sex, religion, etc., call the Trustee's office directly and complain as to any statements or treatment you received (including what you mentioned about him naming a file refering to your origin) that you believe is discriminatory. You may not be the only folks who have experienced this and there may have been other complaints. There are many competent people who would love to have his job and be respectful to all people coming to their desk for help.

[justbroke]

If you're having issues, find out who the Clerk of the Court is. This is the person who really runs the courthouse. This is not those "clerks" that you see at the counter, but the manager who runs the place. All of those people report to the Clerk of the Court. If you have real issues, then the clerk will hear you.

If you have paperwork issues, that's another story. Some people do get frustrated with pro se filers and that becomes very obvious in how they deal with people.

As to the certificate of financial management completion, that does need to be filed with the Court, along with Official Form 23 which is the affidavit. That should be docketed within a day. If you don't see it after a day or two, contact your case manager to ask why. It doesn't matter that the Trustee sees it. It matters that it's docketed! If you did this in person at the Court, or if you ever need to go to the Court again, always bring a second copy of your papers you're filing so you can get a "File Stamped" copy for your records.

[music12]

i am sorry to hear this happened to you. in my opinion, that clerk should lose his/her job. there are more than enough competent unemployed people out there who would do the job with a smile and with respect to the public.

the course should appear on the docket. either go in person to the court again and ask that it be filed on the docket (get the document number from the clerk) or call and ask the same thing. if you run into the same clerk, ask for a supervisor (yes, they have those in the courts too!). that will get you to somebody higher up there (though maybe not yet the big-time Clerk justbroke mentioned; that big-time clerk is sometimes actually elected). then if you want, you can complain about how you have been treated.

however, the clerks there have the power to discharge you in a timely manner or after much longer. so maybe it's not a good idea to complain now. i would get the certificate filed, but keep quiet about the rest of it, and after you are discharged and closed, i'd write a letter to the Clerk to complain. there are rules and this person broke them and should be at least suspended. and please do complain at that time because you would be protecting those who come after you and standing up for your constitutional rights.