Court on Tuesday, might have a problem?

[TNDebtor]

Got a letter from our attorney today saying we needed to go over our packet for errors. His secretary has made three mistakes on the mailing addresses of three creditors (missing PO Boxes on 2, misspelled city on another) and swapped the last two digits on one account number. It's her mistake, cause we have the photo copy of what we gave him originally and the info is correct on our handwritten worksheets.

We e-mailed him this afternoon (soon as we found the mistakes). I might be freaking out over nothing, but our court date is Tuesday evening at 3PM and I'm wondering if this is going to get our case tossed out or should it be something is can amend in the meeting or before we get up there?

We don't know why we didn't catch it when we got the packet a couple weeks ago--but we've got a lot of medical issues right not and that's been our main thoughts.

[LadyInTheRed]

Don't freak out. These things can be easily fixed by amendment. Your case will not get tossed for those kinds of errors.

[TNDebtor]

Don't freak out. These things can be easily fixed by amendment. Your case will not get tossed for those kinds of errors.

That's what I was thinking. All he'd have to do is fax / e-mail something over to the court or give it to them in the 341 meeting. Plus we can amend during the 60 days leading up to our discharge, if I'm correct? So we could fix them had we caught them post 341--I'm a thinking.

I know it's probably nothing. But right now, with all the other issues in our lives, the least little thing sends me to "Red Alert"

[LadyInTheRed]

It's a little more than a fax or email. Your attorney will file an amendment electronically, just like he did your original petition. It can be done before or after the 341.

The most the errors will do is cause a delay in giving notice to creditors. If the delay causes a creditor to miss a deadline to file an objection to discharge or a proof of claim, they can probably get an extension. No big deal.

Go back to Yellow Alert.

[tobee43]

We don't know why we didn't catch it when we got the packet a couple weeks ago--but we've got a lot of medical issues right not and that's been our main thoughts.

don't be too hard on yourself! after all, as you have mentioned some of theses were typos (which i can very well relate to), but do make a big difference for your filing. as Lady points out, these mistakes are easily fixed. just make certain you are not charged for the firm amending the petition if these errors where not of your doing.

it will be fine!

[btbeme]

Mistakes are OK; fraud is not. You had mistakes. No prob. Amendments are a pain, but they are allowed for a reason. And I second Tobee on who pays for any amendments.

A side note, not necessarily for you TNDebtor, but for others who may be reading pre-filing: Your filing says that YOU have verified all data as correct. So, make sure that YOU verify all data as correct. Should your attorney assure you that your paperwork is just fine; well, I suggest that before signing that you know that everything is true and accurate that you verify that everything is true and accurate. These folks have been overworked in the last 4 years, and mistakes happen. Try to catch them before they become amendments. Just saying...

[TNDebtor]

That's the kicker of the thing: The forms we filled out and went over with him and signed off on were correct. This is the copy sent to us of what his office typed into the e-file system of the court. So we signed off on correct copies, but after that when they were inputted into the system there were errors made. We even found were he cut our monthly medicare and payroll taxes by 1/2, but on the papers we signed off on they're right.

Got a response from him and he said he's not going to amend anything cause it doesn't matter and he was offended that we went over the paperwork so thoroughly and didn't trust him. And if we really want him to he'll fix the payroll tax deducted mistake in court on the 13th he'd do it but he didn't see the point since we're already in the negative.

Taking that e-mail and our photocopies of the papers we signed off on into the court with us.
And he wonders why I stress over this garbage.

[LadyInTheRed]

Sounds like a pretty lousy attorney who would be offended that his client carefully reviewed documents filed on his behalf. I suggest you reply to your attorney with something like:

Dear Mr. Attorney:

If your advice is that my petition does not need to be amended, I will trust your advice.

It is my understanding that at the 341 meeting the trustee will ask me if my petition is accurate. Because I will be under oath, I plan to answer honestly. I will tell the trustee that the copy of the petition I signed was correct, but that there are errors on what was actually filed.

If this has been an email exchange, be sure to save the messages and print hard copies. If you've been talking over the phone, I suggest you write an email or faxed letter (since it's too late to get mail there before the 341) summarizing your conversations, including the specific errors you have found and stating that he advised an amendment isn't necessary and what you plan to say at the 341.

No matter the consequences of the errors, perjuring yourself is not worth the possible risks.

[TNDebtor]

If we end up getting denied a discharge (and if we're honest about the errors, I don't see why we wouldn't get a discharge), how long after till we can file again?

[LadyInTheRed]

If we end up getting denied a discharge (and if we're honest about the errors, I don't see why we wouldn't get a discharge), how long after till we can file again?

I don't know. But, I really wouldn't worry about that, at least not based on the errors you listed. The trustee is not going to waste his time objecting to discharge because your income deductions were understated on your petition. Neither the trustee nor the BK judge is looking to penalize debtors for honest mistakes, especially ones that aren't in the debtor's favor.

[TNDebtor]

Way I figure it I'll just say "We found some errors made in the filing and we notified Mr. <attorney's name> as soon as we found them." (it's all in email, so we have "paper trail")-- that's if the trustee asks us, our attorney is banking on a "rubber stamp" 341. Nothing to gain by covering his ass and nothing to lose by being honest.

[jst4f]

The one consistent message from this forum no matter which thread you are in is be honest! Honest errors are just that honest. While extensive errors may be frowned upon by the trustee s/he will not take action. We had several small errors and simply stated what they were and we submitted an amendment. We were upfront and honest about our errors and that was all there was to it. I was far more upset with myself for missing them than the trustee was. So if your lawyer is not cooperating with you take the advice from theladyinthered at the 341. Relax it is almost over and you are close to your fresh start.

[TNDebtor]

Well we're home. We were sweating it cause the Trustee was a bit of a detailed oriented guy when it came to questions in the cases ahead of us. He even told one man that he saw no reason for him filing chapter 7 (no assets, living with is ex-wife, no job in 4 years) and would have to "think hard" on the case. Our attorney shows up five minutes before we're called, doesn't talk to us, sits on the other side of the room. We get up to the table, we get "the question":
"Have you reviewed your petition as filed for accuracy and completeness?"
"Yes"
"Under the penalty of perjury, do you swear under oath that this petition is accurate?"
"No"
"Why not?"
"There are some mistakes on <page numbers, box numbers> that were made during the e-file process"

Trustee just chuckled, looked at our notes, said "Oh that's nothing and it was the right thing to be tell me about it , but I don't see were it affects you bottom line figures"

Our attorney said nothing, just rolled his eyes, and walked out without a word after we were dismissed.

[LadyInTheRed]

Our attorney shows up five minutes before we're called, doesn't talk to us, sits on the other side of the room.

Our attorney said nothing, just rolled his eyes, and walked out without a word after we were dismissed.

What a jerk!

Glad everything went well.

[Drazil65]

Wow, well the 341 is over and sounds like you made it to the 60 day club, congrats! Start the countdown and relax its almost over but you did a great job!