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Very Upset; Petition is a Mess

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    #16
    Ok, got it. Good to know. I've settled down now. Looks like this isn't that big of a deal at all.

    Btw, I also found a section in the Trustee questionnaire that asks for a listing of property "not at your residence", so that is probably why the personal goods I have stored elsewhere are not showing up on the Schedule. Maybe they know what they are doing after all. I'll check with them just to be sure.

    ***

    Originally posted by justbroke View Post
    It is entirely common to list everything on a credit report, which may include duplicates. Where you know it's a duplicate, you can indicate so on the petition. Also, if you dispute the amount or don't know the correct amount, there are ways to handle that as well.

    I even included some CAs with a notation as "For Notification Only" and valued them at $0.00 or unknown.

    Comment


      #17
      I have some where the original creditor sold the account and there is a collection agency in addition to the junk debt buyer. Listed all 3 entities. As I understand it, you're covered as long as the original creditor is listed - but it can make life easier if all potential creditors/collection agencies are listed. That way everyone gets notified directly by the court, and fewer cases of collectors calling because they have not gotten word yet.
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

      Comment


        #18
        That makes sense. Thanks.

        Originally posted by SMinGA View Post
        I have some where the original creditor sold the account and there is a collection agency in addition to the junk debt buyer. Listed all 3 entities. As I understand it, you're covered as long as the original creditor is listed - but it can make life easier if all potential creditors/collection agencies are listed. That way everyone gets notified directly by the court, and fewer cases of collectors calling because they have not gotten word yet.

        Comment


          #19
          I feel your pain. We got our petition, luckily in the office of our attorney, and nothing on it was correct. They had my husband making almost 80K a MONTH. WOW, if that were only true, we wouldn't be in this mess.

          We sat in the conference room for 4 hours while they fixed every figure and got everything correct. They asked if we wanted to come back rather than wait. They had already put us off for 2 weeks prior to that. 2 weeks that they were supposed to be putting together all this information for us, when in actuality, they had done nothing.

          We were so upset, but we made sure they did it and got it out that day. Signed and delivered with every number correct. Sucks being a babysitter to someone you are paying a ton of money, money of which you may not have. But I would have rather sat there and made sure every number was correct rather than trust anyone with my financial future. And what a relief it was walking out of the office after that.

          Disappointed is even the word I would use for the performance of this firm. You learn as you go.

          Good luck to you.

          Comment


            #20
            Yeah, in a dither this morning. Some of this as it turns out may not be a big deal. Some of it may very well be a big deal (like filing in the wrong district). I am looking into it. The point is, it doesn't exactly inspire confidence when I see they list that I own 25 books, when that bears no relation at all to the property description I gave them. You were lucky that you were able to sit down and get it all corrected. I don't know that I will have that luxury, but I do realize the importance of getting it straightened out. Thank you for sharing.

            Originally posted by lolie View Post
            I feel your pain. We got our petition, luckily in the office of our attorney, and nothing on it was correct. They had my husband making almost 80K a MONTH. WOW, if that were only true, we wouldn't be in this mess.

            We sat in the conference room for 4 hours while they fixed every figure and got everything correct. They asked if we wanted to come back rather than wait. They had already put us off for 2 weeks prior to that. 2 weeks that they were supposed to be putting together all this information for us, when in actuality, they had done nothing.

            We were so upset, but we made sure they did it and got it out that day. Signed and delivered with every number correct. Sucks being a babysitter to someone you are paying a ton of money, money of which you may not have. But I would have rather sat there and made sure every number was correct rather than trust anyone with my financial future. And what a relief it was walking out of the office after that.

            Disappointed is even the word I would use for the performance of this firm. You learn as you go.

            Good luck to you.

            Comment


              #21
              Another quick note by way of update. I talked to the firm, and, yes, HHM and JustBroke are correct, there is a REASON they listed a lot of different accounts several times. It doesn't really matter. Even if the account was closed or zero'd out, they still want it on there, in the event something pops up in the future and an old creditor decides I still owe them money. They seem to be accessible, which is GREAT. I can get answers and get everything corrected.

              As to the district, absolutely I need to file in the Central District. They did not say, but I'm assuming my petition was farmed out, and and the law firm didn't catch the error).

              Comment


                #22
                My husband's genius lawyer filed in the wrong court last week. The first court closed the case and transferred it to the correct court the next day. Everything was back-dated, I noticed, so it appears he filed in the correct court on the day the bankruptcy was first filed.

                Comment


                  #23
                  I just hate when they use the wrong venue!
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #24
                    Well, that doesn't sound too bad. Had it been filed in the wrong district, I was worried my case would be thrown out, based on some of the horror stories I have read online about the consequences of 'errors'.

                    Originally posted by pileated View Post
                    My husband's genius lawyer filed in the wrong court last week. The first court closed the case and transferred it to the correct court the next day. Everything was back-dated, I noticed, so it appears he filed in the correct court on the day the bankruptcy was first filed.

                    Comment


                      #25
                      ApreMoi - Ck your documents. If you are living in "Riverside" County, then you would be in the Central District of California, Eastern Division.
                      Filed Chapter 7: 7/3/09
                      341 Hearing: 8/6/09 - Went Smoothly!
                      Discharged: 11/30/2009
                      Closed: 12/16/2009

                      Comment


                        #26
                        Originally posted by 2manybills View Post
                        ApreMoi - Ck your documents. If you are living in "Riverside" County, then you would be in the Central District of California, Eastern Division.
                        The documents say Eastern District of CA, not CD w/Eastern Division. But thanks. :-). It's not a problem. They can change the district with a keystroke.

                        Comment


                          #27
                          It's beyond easy. I've started typing Bankruptcies for people who are pro se, the software takes 2 seconds to fix that type of thing.

                          But you are correct to make sure that everything is prepared correctly.
                          Filed Chapter 7: 7/3/09
                          341 Hearing: 8/6/09 - Went Smoothly!
                          Discharged: 11/30/2009
                          Closed: 12/16/2009

                          Comment

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