Do I need to file an amendment to my Chap.7?

[Pjmax]

I signed my chap.7 papers 9/18, my 3rd atty. appt. From that point on, I've had communication difficulty with the atty. I can't get a straight answer to any question, no matter how I phrase it. He responds as if a question is questioning him, if I get a response at all.

When will this be filed? "At the end of the month."

8/24 I received a letter from another atty. taking over collection on one of my accts (atty. for JDB). This atty. was not on my creditor list. Same day, I received a letter from state div. of taxation about my tax lien. (I have been trying to contact them for months.) The tax lien is from 1997, and not 2003 as I thought. I emailed (his stated preferred contact method) my atty. with copies of these letters. I asked if this could be changed/and or added, and when is the filing date.

8/29 I still had not rec'd a reply. I wrote another email, copies of letters again, and again asking when the filing date is, because if it wasn't going to be soon, I would have to make the payment to my judgement creditor by 9/4.

Same day, I rec'd a response saying papers are filed in the month they are signed, he would be out of the office for the next few days (holiday) and if I wish, I can call his asst. next week for an appt. (Still no mention of filing date or my tax lien.)

9/30 I checked Pacer and found it had been filed 9/29. I downloaded the papers and printed them. (He never gave me a copy, said I would receive one at 'the meeting'.) The lien date and creditor addition were not changed/added. I would have worried all long-weekend about the filing date and paid on my judgement if I didn't check Pacer. (Thank you, BK forum, would never have known.) I rec'd notice of filing from the court on Tues.

So now it's 9/4. I haven't called for an appt. yet. It has taken me this long to calm down and clear my head. Now, I think I can deal with this rationally.

So, my question is: Do I have to file an amendment (and of course pay atty. $350,) or just let it go?

Thank you anyone, for the advice.

[AngelinaCat]

Hi pjmax, I am thinking you meant to type that you signed papers on 8/18, not 9/18?

Right now it looks like you're kind of stuck. Your paperwork has not been filed yet, so you don't have anything to amend yet. You need to find out when the attorney will be in the office and go an camp there until you get some answers. If that doesn't work, then you have the option of staying with this attorney, or firing him/her and hiring another. Check the wording of the agreement you and your attorney signed when you retained him/her. But it is doubtful that you will get any of your money back. Except for not filing, there is really nothing that the attorney had done wrong. They do have other clients....

Keep in mind that this does come from someone who also had a less than satisfactory attorney, so that we actually filed a motion with the court to 'Dismiss Counsel and Proceed Pro Se'. This was WELL after we had filed though.

Camp in the office first, and see how that goes.

[SMinGA2]

You received a collection letter... Was the original creditor and/or most recent collection agency on your creditor list? If so, its a non-issue as far as I know.

For the tax item - I don't know that it would make a different if its 1997 vs. 2003. Taxes are dischargable if they meet certain conditions, such as having filed the return more than 3 years prior to filing bankruptcy. (There is a list of factors.) If the debt is dischargable, its dischargable. It would have been an issue if you thought it was for 2008 taxes (filed spring 2009) and it turned out it was for 2009 taxes (filed spring 2010).

It sounds to me like your attorney has a practice of filing all his/her cases near the end of the month. And that your case was filed as agreed. If that practice did not work for you, it should have been addressed before signing/paying. Each time you asked 'when' the answer was the same 'end of the month'.

[Pjmax]

Hi pjmax, I am thinking you meant to type that you signed papers on 8/18, not 9/18?.

Yes, AC, signed 8/18. Sorry for the typo. Papers were filed 9/29 according to Pacer. Sorry, again, I guess that got lost in my long explanation.

[Pjmax]

You received a collection letter... Was the original creditor and/or most recent collection agency on your creditor list? If so, its a non-issue as far as I know.

Yes, orig. and I think 2 most recent, this is the fourth for the same debt.

For the tax item - I don't know that it would make a different if its 1997 vs. 2003. Taxes are dischargable if they meet certain conditions, such as having filed the return more than 3 years prior to filing bankruptcy. (There is a list of factors.) If the debt is dischargable, its dischargable. It would have been an issue if you thought it was for 2008 taxes (filed spring 2009) and it turned out it was for 2009 taxes (filed spring 2010).

1997 would be dischargeable, but it says 2003 in the papers. This is my big concern, it's only $2009, but it's a lien, and I'd like it to go away if possible, it will take me years to pay it. If I don't amend the date, will this lien be considered 'not listed'?

It sounds to me like your attorney has a practice of filing all his/her cases near the end of the month. And that your case was filed as agreed. If that practice did not work for you, it should have been addressed before signing/paying. Each time you asked 'when' the answer was the same 'end of the month'.

I didn't have a problem with 'end of the month.' Unfortunately, the answer was the same at the end of the month as he was going off on vacay. (no problem with that either.) He could have said 'it was filed today.' I wouldn't expect him to say, he ignored everything in my two emails, before it was filed.

[keepsmiling]

Yes, AC, signed 8/18. Sorry for the typo. Papers were filed 9/29 according to Pacer. Sorry, again, I guess that got lost in my long explanation.

Pretty sure you mean 8/29 here too.
Slow down there, pardner.
If you wind up writing all of this to your atty, you want to be sure your dates are correct.
One attorney we spoke with only files on the 1st and the 15th of each month.
Good luck with the campout. Keep us posted.

[Pjmax]

Well, Keepsmiling, now I'm not sure if I just can't type today, or I can't see what I'm typing! I think I'll blame it on after effects of reading today's thread about the 'senior' in her 60's. Posters kept referring to her as elderly. So, I guess I'm feeling elderly today.

[keepsmiling]

Oh carp, somehow I missed that one.

My dh still talks about the dr report that referred to him as a "middle aged man" from when he had just turned 40-ish. Still freaks him out a decade later.
In my head I'm still not much older than my 19 yr old ds. But I will say that an old friend offered to come take me out on his Harley today and I just couldn't do it. Too afraid I will hurt something, like aggravating my bad back.

So maybe I am "elderly" after all

[AngelinaCat]

*LOL* I laughed so hard reading these two posts that I started coughing and had to go into another room to recuperate and 'freshen up'.

As far as the camping issue, Pjmax, I thought you had not filed yet. Still, you deserve some answers. As I indicated before, our attorney was not the best, and once her good helper, 'Sue' left, we got no communication for anything, though we tried, and tried, and tried. That is when we camped in her office.

When your trustee's attorney contacts YOU, because the attorney's office doesn't respond them them either, you have a problem. But I wasn't going to go there with this matter at this time. Let us see how this attorney and office performs.

As to the 'Senior' thread: I made the assumption that these were 'Elderly', because that is the way that they were portrayed by the OP. The OP made more than one observation that these people are "not very bright". Also there are language barrier issues, so without having more information..... It turns out apparently that the OP knows someone who is very close with the couple.... Okay, I hope it all works out for the couple.

When one has had two close relatives battle Alzheimer's, it colors one's responses, though I tried to tiptoe delicately around it.

BTW, I will be 60 this month.

[Pjmax]

I've spent the last 2 1/2 years just accepting that I am over 60. Hello, my name is PJ, and I am a senior citizen!
I hadn't even considered 'elderly.' That one's gonna take a lot of time.

AC, I would not have known it was filed if I didn't think to check Pacer, and I did get the 341 notice from the court a couple days ago. I don't think he's a bad atty. Maybe he had a bad couple of weeks, too much on his plate, I don't know? It's just an odd coincidence that he was almost overly communicative up until I signed the contract and paid. He even called me once to apologize for having his assistant call to change an appointment. So, I guess if I want an answer to 'do I need to file an amendment' I have to call and make an appointment. From what I've read, I believe I have some time to do the amending, and bite the bullet and pay him more money to do so. Think I can just walk in and say 'cut me a break, I'm an elderly senior citizen?'

[keepsmiling]

YES, do be sure to ask for the senior discount!

[LadyInTheRed]

If you emailed the attorney on 8/24 regarding the creditor and your petition was filed on 8/29, and if an amendment is required because the information about the creditor was not up to date, you should not have to pay your attorney.

That said, I suspect an amendment is not needed if the original debt is listed. Just make sure the new attorney for the creditor gets a copy of the BK notice.

[Pjmax]

Thank you Lady. That helps. I am more concerned about the incorrect date on the tax lien. (lien filed 2005 for 1997, sched. E says 2003, not 1997.)