Hiring an Attorney, and amending all schedules.

[acro68]

The petition was started on 10/16/10 and completed on 10/22/10, got about 1 hr sleep each night, and it is full of major errors and omissions. The 341 is scheduled for 11/24/10. I met with an attorney today, he gave me the chapter 7 starter kit package to fill out, we will meet again on 11/15/10. At what point do they do a line by line comparison against the original petition? Any advice on what to expect with major changes to the petition - mostlikely changing from an no-asset to an asset case?

[AngelinaCatHub]

Hey Acro, you are repeating your original thread. Confusing. Pleased to hear you have a lawyer. You should have asked him this question. Do you have a PACER account or know what it is? If not, get one and download your filed copies and print for your lawyer to compare and then let him ask the questions. Tell him EVERYTHING. That is what you are paying him for. 'Hub

[backtoschool]

With the number of changes you are making to your petition, and the amounts of money you have mentioned, I think that they will look at both petitions pretty closely.

If you are honest and fix all of the errors, and are willing to give up assets in question to the bk estate, your attorney should be able to keep you from getting a bad faith dismissal by arguing that you were filing pro se and didn't understand what you were doing.

[acro68]

Thanks backtoschool! The original was thrown together with estimates, the new approach is "it doesn't matter what we know, only what we can prove". We are going back to be basics and locating recepts.

[tcreegan]

Hi acro,

I am really, really, really, really glad to see you get a lawyer to work w/ you on the case!!!

Hang on, its a wild ride but you can make,

Tom in Colo

[Fallonedward]

I'm really glad you got an attorney as well. I figured even thou I could not afford it, I needed a lawyer because no matter how much I educated myself beforehand, I would not know all of the ins and outs of bankruptcy law

[acro68]

My wife and I are starting to go through the basics and filling out forms that will be used for making a new Schedule B. The Schedule B will obviously come out different because of interpretation. Current value of some of the property types will go up or down. We were very far under the limits for exemptions for our State, and any changes and/of additions will be under the exemptions. I'm sure the attorney will have an opinion on any changes to the Schedule B. I would like your opinion, are will looking at getting our hands slapped or brow beaten if we change the Schedule B before the 341? Any history on this? Is this viewed as coming clean?

[backtoschool]

My wife and I are starting to go through the basics and filling out forms that will be used for making a new Schedule B. The Schedule B will obviously come out different because of interpretation. Current value of some of the property types will go up or down. We were very far under the limits for exemptions for our State, and any changes and/of additions will be under the exemptions. I'm sure the attorney will have an opinion on any changes to the Schedule B. I would like your opinion, are will looking at getting our hands slapped or brow beaten if we change the Schedule B before the 341? Any history on this?

The fact that you filed this pro-se is in your favor. Just claim ignorance. You have hired an attorney to fix the petition, and the trustee will see that as a good faith effort in my opinion. Change everything that is wrong and be honest and you will minimize the "brow beating".