Urgent Please Reply!!!

[Ann]

All, I have a question that urgently needs to be answered. My story is old and long so I wont even go there now but I really need someone to answer this one for me...My attorney's office filed chapter 7 a few weeks ago. I registered with PACER and even got a letter letting me know my 341 meeting but also stating there were missing documents that needed to be filed and there is a June 1st deadline. Every time I call my attorney's office I get someone that says everything is fine and that the missing documents will be filed for me not to worry blah blah blah... Okay so I called the clerk's office and was told that I could speak with the administrator that is handling my case but not until May 28. So here is my question... is this really normal to have missing docs not filed with the petition? This is a holiday weekend. That means if they are not filed by tomorrow (which is when I can speak to the clerk that sent the letter about the missing docs) my case could very well be dismissed. Why is this so damn difficult? Does any of this sound normal? So tired of having all my questions answered by everyone but the lawyer that I'm paying. It is a large firm but come on. Anyone???

[GettingGoing]

All, I have a question that urgently needs to be answered. My story is old and long so I wont even go there now but I really need someone to answer this one for me...My attorney's office filed chapter 7 a few weeks ago. I registered with PACER and even got a letter letting me know my 341 meeting but also stating there were missing documents that needed to be filed and there is a June 1st deadline. Every time I call my attorney's office I get someone that says everything is fine and that the missing documents will be filed for me not to worry blah blah blah... Okay so I called the clerk's office and was told that I could speak with the administrator that is handling my case but not until May 28. So here is my question... is this really normal to have missing docs not filed with the petition? This is a holiday weekend. That means if they are not filed by tomorrow (which is when I can speak to the clerk that sent the letter about the missing docs) my case could very well be dismissed. Why is this so damn difficult? Does any of this sound normal? So tired of having all my questions answered by everyone but the lawyer that I'm paying. It is a large firm but come on. Anyone???

Pacer should tell you what the deficiency is. Check the docket report. There will be a notice of deficiency. It should tell you what is missing. Have you taken your pre filing debtor ed class?

[Ann]

Pacer should tell you what the deficiency is. Check the docket report. There will be a notice of deficiency. It should tell you what is missing. Have you taken your pre filing debtor ed class?

Thank you for replying... Here is what is missing from the filing... Schedules A-J...Statement of Financial Affairs...Summary of Schedules..and one more about Statical Summary... does this seem right or normal??? Yes, we did our pre filing credit counseling.

[GettingGoing]

It appears your attorney filed an emergency or "bare bones" petition. Were you trying to stop a garnishment or foreclosure? Basically your attorney filed the bare essintial paperwork with the court which puts the automatic stay in place. You then have 14-15 days to file the rest of the paperwork.

[Ann]

It appears your attorney filed an emergency or "bare bones" petition. Were you trying to stop a garnishment or foreclosure? Basically your attorney filed the bare essintial paperwork with the court which puts the automatic stay in place. You then have 14-15 days to file the rest of the paperwork.

Very interesting! I can honestly tell you there was no garnishments and no foreclosure. I was very happy that we were able to avoid a lawsuit! Why didn't they just say it was an emergency filing? Still they only have another day to get the rest filed. I can just hear them tell me I have to pay another filing fee because they didn't get the required papers in on time! Thank you for replying!

[2manybills]

Very interesting! I can honestly tell you there was no garnishments and no foreclosure. I was very happy that we were able to avoid a lawsuit! Why didn't they just say it was an emergency filing? Still they only have another day to get the rest filed. I can just hear them tell me I have to pay another filing fee because they didn't get the required papers in on time! Thank you for replying!

It just means that they didn't file everything at the beginning. Most times they do that as an "emergency filing", but it also could mean that they had not completed all of the documents yet. There is no other filing fee attached to filing supplemental documentation.

[ecsclb1724]

have you actually completed your schedules??? are they just sitting in your lawyers office waiting to be filed or do you actually still have to complete them?

[tigergem]

Hey Ann. I "accidentally" filed an emergency petition like that. I didn't need to file on an emergency basis. But when I saw the schedules weren't on the list of required documents to file, and were due in 15 days, even though they were "ready", I decided not to mail them in right away with my petition. I didn't know that I was filing an emergency petition by doing so. I saw this as a "leeway" opportunity - it gave me time to go back over them obsessively and make sure there were no errors. There is no additional filing fee for taking that time, nor was there any consequence that I am aware of. I didn't take all of the extra time. I took about an extra week to recheck and double check stuff, and then I filed them. It has been my experience from observing attorneys and the trustee that they all seem to just love to wait til the very last minute to do just about everything. I think they do that just to make you crazy.