What happens now????

[jelo6875]

I am ready to scream and cry!!!! I called my attorney on Wednesday regarding a notice my husband got from the sheriff (it was taped to our door when we got home from work) to pick up paperwork that he is being sued by a credit card company....The attorney never returns my call!! Then today I am looking on PACER and find out my attorney who said he was going to file the papers on Monday or Tuesday filed them on Friday.....my husband got direct deposit of his paycheck on Friday!!!! Does that matter??? And when looking at papers on PACER I notice that there are two creditors missing????

[ForumReader]

I am ready to scream and cry!!!! I called my attorney on Wednesday regarding a notice my husband got from the sheriff (it was taped to our door when we got home from work) to pick up paperwork that he is being sued by a credit card company....The attorney never returns my call!! Then today I am looking on PACER and find out my attorney who said he was going to file the papers on Monday or Tuesday filed them on Friday.....my husband got direct deposit of his paycheck on Friday!!!! Does that matter??? And when looking at papers on PACER I notice that there are two creditors missing????

This must be frustrating to you. Contact your attorney to find out why your petition was filed on Friday instead of next week ( or was the petition supposed to be filed last Monday or Tuesday?). As for creditors missing from your petition, you would need to talk to your attorney about this and add these creditors through an amendment for a small fee. Since your husband's paycheck was deposited on Friday the day of filing, the trustee may or may not want the money or maybe you got that exempted in your petition depending on the exempt amount. Again talk to your attorney about all of this. Good luck and keep us posted.

[jelo6875]

Attorney just called back...of course as soon as I get in the shower!!! Anyways he says my husband's check being deposited on Friday doesn't matter cause we are under the financial limit test??? I thought they looked at the balance in your checking the day you file??? Am I wrong??? Also says adding the 2 creditors above after the 341 meeting is not a big deal!! But I got news for him I am not paying him more for them cause they were listed on the orginial sheets I gave him which I kept copies of!!!!

[tigergem]

Hey jelo. I filed my petition the day after I got direct deposit, and everything was fine, and it didn't matter. I hope this helps you feel better.

[tcreegan]

take a deep breath....

Hello Jelo,

Take a deep breath......go to your happy place.....

Unless the paycheck was larger than usual, should not be a problem. More often than not, the bk trustee looks at 6 months of bank statements, not just one day.

Adding creditors is not a big deal. Happens all the time. Even if they never get listed, the courts have ruled that all prepetition debt is discharged, listed or not.

Call the clerk of the court where CC company is suing hubby, give them the bk case number and date of filing. The case should get thrown out. Also get the CC suit case # and give it to attorney, just in case.

Good luck with everything,

Tom in Colo

[jelo6875]

Thanks so much!!! I don't know what I would do without the help of others on this board....especially since it takes days for my attorney to return my calls!!!! How will the other 2 debitors get added?? Will I need to mention them at the 341 or do they get added through paperwork??

[tigergem]

Well if your attorney doesn't fix it by then by amending your schedules, yes I would bring it up then. But adding creditors to the schedules before the 341 shouldn't be that big of a deal. You just amend them and add them. I had to do that too, but I did it myself. Since you have an attorney, you probably shouldn't do it yourself.

Anyway, there is a provision in the bankruptcy code that allows for discharge of creditors that get left out, so don't worry too terribly much about it. This isn't the end of your world as you know it.