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    Late sending paystubs

    Having gotten my filing done on the 2nd of August, I've been dealing with other issues, including putting out a very small fire on an incorrect creditor address.

    I skimmed the request for the Federal tax return, pay stubs and copies of account statements when it came last week (I picked it up alongside the returned creditor notice and gave that the greater part of my attention).

    I read near the top something about things having to be received at least a week before the 341 and thought I had tons of time for everything. Last night I reread the letter and saw that my case could be dismissed if the pay stubs were not received within 14 days of filing. That was the 18th. The sentence about the deadline for the pay stubs says that you must send the stubs to the trustee no later than 14 days. It does not say that they must be received so I imagine it means postmarked, and it does not say business days so I assume it means calendar days.

    I assembled everything, xeroxed stubs this morning and sent it out. It should get there tomorrow. But I seem to be late.

    My P.O. Box had nothing in it today from the trustee; just more solicitations for post-bankruptcy credit accounts.

    I'm hoping that they don't usually move to dismiss so quickly.

    I suppose it's completely dependent on the way the particular trustee runs his or her show, but I was hoping that someone somewhere could reassure me that I'm probably okay.

    It's like, getting the pro se filing done was such a big hurdle that I'm kind of petering out here as I get back to trying to keep up with the bills.
    11/2008 - Filed Chapter 13
    02/2010 - Chapter 13 dismissed
    08/2010 - Filed Chapter 7 pro se in new district
    09/2010 - Chapter 7 341

    #2
    I neglected to say, maybe because I can't bare to think of the possibility, that the thought that my case could be dismissed so easily after all the work I put into preparing for and doing the filing and all I've been though the last months trying to get this thing done... well, you can imagine....
    11/2008 - Filed Chapter 13
    02/2010 - Chapter 13 dismissed
    08/2010 - Filed Chapter 7 pro se in new district
    09/2010 - Chapter 7 341

    Comment


      #3
      Keep an eye on Pacer. Not sure there is more you can do now?

      That is one of the benefits of having an atty. They know what is expected, can prepare you along the way so you're not trying to meet deadlines & requirements at or after the last minute.
      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


        #4
        Thanks SMinGA. After reading your post I decided to go ahead and register for Pacer. I got my credentials and have now familiarized myself with the document database, which will hopefully put me in good stead if I don't end up having this case dismissed because of my tardiness with the pay stubs.

        The last item filed was on the 18th -- it was the new address of a creditor that I corrected after the instruction of my case manager. It was evident that he handled the filing of the update so knows that I did what he told me to do to correct my addressing error in the matrix.

        I checked the summary and the status is awaiting 341. I saw in the upper-right corner the notations for "debtEd", which should be the post-341 and pre-discharge additional course, I believe. I also saw "Repeat" meaning that I'm a repeat filer; in this case it references my earlier Chapter 13 filing that was dismissed after I was unable to comply with the repayment plan I would imagine. And it used the code "MEANSNo" or something like that to indicate that there was no presumption of abuse.

        I also looked further for the deadlines on my installment plan. The order of the judge that I received in snail mail indicated that any discharge would be held in abeyance until I completed payment of the filing fee. I had submitted a schedule of four payments but the order doesn't break it out that way and instead tells me that the fee must be paid off before 60 days after the 341 (the presumed date of discharge, I suppose). I'm not sure whether that means that they don't care about the specific dates on which I pay the installments and care only that everything is paid before the presumed discharge date or not. But I did send another payment by mail yesterday to the address they said I should use.

        I guess I'll check Pacer again next week for further activity.

        Thanks.
        11/2008 - Filed Chapter 13
        02/2010 - Chapter 13 dismissed
        08/2010 - Filed Chapter 7 pro se in new district
        09/2010 - Chapter 7 341

        Comment

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