What can I do??

[jelo6875]

To make a long story short I need to know how or even if I can file my own debtor's education papers???? My husband and I completed the education the 18th of September...we have till the 29th of October to file them. I did pay an attorney to file our bkcy and have followed up SEVERAL time regarding the debtors education...he states he does have the papers and will get them filed....today is the 25th and I am flipping out that they are still not filed???? What should or can I do?????

[AngelinaCatHub]

How close to your Fed Courthouse are you? Yes you can file them. Make sure you have your docket number on them and properly visible and go to the bk part, ask to see a clerk and he/she will file them. Also get your lawyer to respond better, as if he is this bad over nothing, when you really need him he won't wake up then either. I'd call him and if you file them, tell the Lawyer why you did that in "no uncertain terms". Remember, HE is YOUR employee. 'Hub (they seem to forget that at times)

[tobee43]

To make a long story short I need to know how or even if I can file my own debtor's education papers???? My husband and I completed the education the 18th of September...we have till the 29th of October to file them. I did pay an attorney to file our bkcy and have followed up SEVERAL time regarding the debtors education...he states he does have the papers and will get them filed....today is the 25th and I am flipping out that they are still not filed???? What should or can I do?????

what excuse is the atty's office giving you. they can file electronically the info right to the courts....so if you can't get to the courthouse as angelinacate suggests...i would be calling on the hour every hour until the law firm did their job...

[AngelinaCat]

If you are reasonably close to your courthouse--by that I mean within an hour or two drive--I would drive them to the courthouse and file them with the clerk of the BK Court and file them yourself. You might get a little static about why you and not the attorney. If you do, say what you said here.

If driving to the courthouse is not feasible, make a cover letter that has your and case number and short note, 'To Whom it May Concern', that this certificate needs to be filed in your paperwork as soon as possible. Then overnight that cover letter and certificate to the courthouse. It will cost about $17.00 to overnight it. If you can't afford that, then send it certified with a return reciept. When you get that signed green card back in the mail, file it with your paperwork. That card is your 'time stamp'. Be sure and make copies of your paperwork before you send it.

[jelo6875]

Called attorney one more time again this morning and was told he doesn't know what happened...he gave the paper to his paralegal last Tuesday to file. Told me to keep checking PACER and if it doesn't show up by Wednesday to give him a call back!! So frustrated with him!!! Would NOT recommend him to anyone even if his services were free!!! LOL!!

[tcreegan]

Hi jelo,

If you file them yourself, check with the court clerk about a cover sheet that goes w/ the filing. Our court has a 1pg cover sheet they wanted on top of the certificates. I downloaded it, sent it off w/ the certificates, and boom---it was on PACER the next day.

Hope yours gets there ASAP and PACER smiles at you....

Tom in Colo

[jelo6875]

Tom did u send the papers overnight through the mail? If I call the federal courthouse will they be able to tell me what I need to have to send it overnight?

[SunshineGal]

Get on the phone with your attorney's office and insist they file the certificate right away. I would go one further, and tell them I'll hold while they upload it. I would then ask them to send me a confirmation that it has been filed.

In the meantime, try not to stress too much. As long as it's filed you'll be okay.

[tcreegan]

Hi jelo,

I just sent it 1st class mail. Filled in the case #, etc on the cover sheet. Shouldn't be any difference for overnight, imagine the court gets lots of overnights.

If you call the court clerk, be sure to preface your call, "I have a procedural question" They can't give legal advice but they can answer 'how-to' questions.

Good luck with it,

Tom in Colo

[AngelinaCatHub]

Our case was not discharged for a very long time. I called the Clerk and talked to my case worker. She said, 'well we are waiting for a copy of your marriage license.' I said, "What?" The Trustee saw it. (we use different sir names). She said, that was the only hold up. I emailed this to my (poor) lawyer with what I was told. She actually did this and within that day, I was discharged. What a deal. 'Hub

[jelo6875]

WOO HOOO!!!!! After 8 daily phone calls...I just got online to get the phone number for the federal court house in Erie and low and behold he finally filed the freaking debtor's education paper!!!!! Now just have to wait till the 15th of November for discharge!!!! Hope it comes soon because I don't have much hair left!!!! LOL!!!!!!!

[AngelinaCat]

CONGRATULATIONS!!!!