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    Copy of paperwork

    Hi,
    I finally bit the bullit and filed yesterday.
    I went in on Wednesday and gave my attorney all of my paperwork and she input all the info into the computer while I was there. I asked if I could take home a copy to read over before signing and she said she could only give me copies my income, expenses and the creditors I owe.
    I went back on Thursday and signed all the paperwork but she would flip over pages and then hand me the one page that needed my signature. So basically I've signed all the forms without actually seeing them. I did look over the info on her computer as she was entering it so I had no reason to belive there were any mistakes.
    So it bothers me that I don't have a copy of my petition and today when I emailed her asking when I would receive a copy she tells me I will be given a copy of my petition at the 341 meeting.
    This doesn't seem right to me. Is this normal or am I just being picky?

    #2
    It doesn't seem right. You should have demanded to be allowed to read through the paperwork before signing. You should also get a copy of the paperwork whenever you ask for it. Call your attorney and get your copy. Read through it thoroughly and make sure if there are any mistakes they amend it. Do not let them charge you for amending the documents because it would be their mistake. It seems strange to me that the attorney wouldn't want you to read through the entire thing.

    Comment


      #3
      This is not normal at all. It is your petition and you have to attest at the 341 everything is true and correct. It is not possible, for me anyway, to retain all the information from page to page on the petition without having a copy.

      I would call the attorney and insist on a copy so you can check it and have one for your records.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        My attorney gave me a copy right away. She filed my petition electronically while I was sitting in the office with her and then printed out a copy for me to sign, and had a copy photocopied after I signed everything.

        There is NO reason that your attorney should not have given you a copy of your petition. You need to see what she put down in the schedules and what she is filing on your behalf.
        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

        Comment


          #5
          I have sent my att another email explaning I would feel uncomfortable swearing to the accurace of the paperwork at the 341 if I haven't read over the paperwork first. We shall see what her response is.
          She only required the $361 for filling fees upfront so I guess if I have to hire another att that is all I'm out.

          Comment


            #6
            I would be concerned that she is "making up" numbers in the schedules so that you pass the means test and the exemptions. That is the only reason I can think of that she would not give you your paperwork right away.
            You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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              #7
              Let us know what happens.
              Filed on 7-17-09
              waiting for 341
              341 meeting 8-21-09
              discharged/ case closed 12/23/2009

              Comment


                #8
                Thanks for all of the replies! I was glad to know everyone felt the same and I wasn't just being picky.
                She replied that I could pick up a copy of the petition this coming Wednesday which is the next time she will be in the office.
                My friend thought she was just being lazy. The attorneys in this office do most of the work themselves they share 1 paralegal and 1 receptionist. Maybe she has to pay extra if the receptionist makes copies for her. Who knows. She has been doing bankruptcy's for 9 years and is pretty knowledgable. She is not the best that I interviewed but she was the best of the ones that would actually show up at the 341 with you.
                Last edited by larryrose; 08-14-2009, 11:32 AM.

                Comment


                  #9
                  Well it sounds like she would have to pay for copies and a par-legal to fill in the complete petition, which makes some sense to me now why she didn't just print it off for you.

                  I know what you mean about attorneys sending a stand in for the 341. I paid $2200 for my chapter 7 (including court and filing fees) which is a lot, and my attorney was going to send a stand-in to the 341. I pushed back and now she is going to show up with me.
                  You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                  Comment


                    #10
                    Yes having someone at the 341 that is familiar with my case was important. I have my own business and don't want to give up my house. I think we have it spelled out so I can keep both but I wouldn't want to get to the 341 and have the trustee object and have no one on my side.
                    Thanks

                    Comment


                      #11
                      Paying someone to make a copy of the petition is crap. They should have done it for you anyway. We are a 1 attorney, 1 paralegal, 1 receptionist show here. Our clients can have a copy of whatever they want, whenever they want it.

                      How hard would it be for the attorney to hit the print button? Sounds lazy to me.

                      Comment


                        #12
                        Glad it workd for you Larry, do you know when your 341 meeting is ?
                        Filed on 7-17-09
                        waiting for 341
                        341 meeting 8-21-09
                        discharged/ case closed 12/23/2009

                        Comment


                          #13
                          No date for the 341 yet. Attorney said 4 to 6 weeks. They are running behind so probably 6 weeks.

                          Comment


                            #14
                            That's odd there is no 341 scheduled yet. Most of the time you get the 341 date right when it is filed - it can be seen on Pacer.

                            If I were you, I would sign up for a Pacer account and check the filing. You will see if it is filed or not and see when the 341 is scheduled. JMO.
                            Filed CH 7 9/30/2008
                            Discharged Jan 5, 2009! Closed Jan 18, 2009

                            I am not an attorney. None of my advice is legal advice in any way..

                            Comment


                              #15
                              That is not right. Under the law you are in fact entitled to any and all paperwork that you have signed.
                              How can you review it and such and answered the trustee's question "have you had a chance to review all the paperwork you signed and is it truthful to the best of your knowledge" if you don't get it until the 341?
                              BS if you asked me but I just tell it like it smells.

                              Comment

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