My Attorney is creating sleepless nights

[mhman]

I will have a 341 meeting at the end of this month.

However, I found that there are some income related information need to be added and some information in B7 form needs to be revised.

I provided all the information with my comments to the attorney last week but they have not amended anything for more than one week.

The attorney is super busy due to the court schedules (everyday!) and the paralegals can't handle hundreds bk cases in a timely manner......very frustrated.

They always say they will amend the docs but it looks that it won't happen before my 341 meeting.

Can this be a serious problem? I don't know how to answer to the trustee's questions appropriately without the amendment?

Untimely amendments would raise red flags... and I am really concerning that it would cause unnecessary processes like a lot documents to be provided additionally. No problems but it should be very stressful and time consuming...

Should I amend all the documents before 341 meeting? or I still have a chance to do that after 341 meeting?

Any advices?

[HHM]

You are over concerned. First, there is no such thing as "untimely" amendments. You can amend your petition anytime before discharge.

[mhman]

You are over concerned. First, there is no such thing as "untimely" amendments. You can amend your petition anytime before discharge.

Thanks a lot for your response. It's helpful (Really!)

My concerns were

- Rental income and business income is $0 in the means test. (rental and business income are negative and small positive, respectively though)

- I sold my primary house two and half years ago (Negative profit after 6% realtor fees). This information was not listed in B7.

- I closed couple of saving accounts before filing BK. This information was not listed in B7.

- Schedule J: There are some expenses much higher than the ones in my pay stub.

- One of my auto loans was not listed for re-affirmation.

- Several minor mistakes in the documents, etc.

When the trustee askes me about any questions about the above, how can I answer? I can simply say that some information in the documents are wrong, as such I and my attorney will work on amendment?

I concerned that it would raise red flags. As mentioned, I would be over concerned but I just want to make sure all the numbers correct before 341 meeting.

Thanks again for your advice. It's really helpful always.

[Shakin]

Just chill out. Your lawyers are very familiar with the process. Your being overy concerned.....trust me.

[justbroke]

- Rental income and business income is $0 in the means test. (rental and business income are negative and small positive, respectively though)

You can not claim "negative" income, especially from a business. Those must be listed as $0 on Schedule J and the Means Test (Form B22A).

- I sold my primary house two and half years ago (Negative profit after 6% realtor fees). This information was not listed in B7.

Where do you think this goes?

- I closed couple of saving accounts before filing BK. This information was not listed in B7.

How long ago?

- Schedule J: There are some expenses much higher than the ones in my pay stub.

Taxes? Do you have underwitholding? Please note that this is calculated by the Attorney's BK software program and considers many factors. For example, you may be paid bi-weekly or weekly. The math isn't simple in those cases.

- One of my auto loans was not listed for re-affirmation.

Did the attorney list it as "retain and pay". If so, this means you're doing a rid-through. Never do a re-affirmation if you don't have to.

- Several minor mistakes in the documents, etc.

You may think they are mistakes, but they may not be.

When the trustee askes me about any questions about the above, how can I answer? I can simply say that some information in the documents are wrong, as such I and my attorney will work on amendment?

No, you need to talk to your attorney and make sure you understand what's in the document!