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Lawyer didn't file my Pre-Discharge Financial Paperwork

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    Lawyer didn't file my Pre-Discharge Financial Paperwork

    This happened about 2 weeks ago, so I am not as angry as I was, but I'm still pretty pissed.

    I took my course after my 341 and emailed my lawyer to confirm that they received the email from the online course and that it would be filed. No response. Emailed again. No response. Called. Left message. Called again.

    Finally 12 days later I get a response from someone in their office say that yes my lawyer received the paperwork. (The paperwork was received on the same day I sent the first email)

    My 60 days was up in early September and I was eagerly checking pacer. Finally I see a change in status! Super excited... Except:

    Discharge Withheld for Failure to Submit Cert of Instructional Course for Personal Financial Mgmt

    You can imagine how upset I was. I sent an email expressing my complete disappointment in the issue to my lawyer. I heard back instantly and they filed to reopen my case and filed the paperwork the next day. (and yes, they paid the fees)

    He told me that it could take another 2-3 months for my case to close.

    That's my lovely story for the day. Has this happened to anyone else? If so how long did things take?
    341 Date ~ July 6th, 2011 ~ Wish me luck

    #2
    It has happened before and to people on BKforum. It's sad that the attorney totally dropped the ball. I am glad that the attorney is paying the $260 fee to re-open the case as you did EVERYTHING necessary so that the attorney could comply with your fee agreement.

    Just the other day, here on BKforum, I was helping another poster file Official Form 23... the one to indicate that the debtor completed the financial management course. That posters attorney was also "un-interested" or otherwise slow about doing anything about it.

    This is not typically the case with most BK attorneys. I'm sorry to read about this, but at least the attorney is doing the right thing at this time.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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