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    #1

    Pacer Updates

    My lawyer originally filed me for a Chapter 7 which is now being motioned to a Chapter 13 due to a change in my expenses. On Monday she said she would file the motion to convert the next day but when I was looking on Pacer I have not seen it. How long does it usually take Pacer to update? I've sent an email to her asking if it was filed and when but she's pretty busy so I probably won't hear from her until I meet with her next Wednesday.

    Just curious on what I should expect on Pacer update frequency. Initially when we filed a Chapter 7 it seemed to take a while for it to show up but just not sure what to expect from the service.
    Tags: None
    #2
    Attorneys have direct access to the docket through a system known as CM/ECF. PACER is actually just the read-only part of CM/ECF. So, anything an attorney does would be immediately in "PACER" (CM/ECF) because attorneys are only allowed to do electronic filing. You should stay out of PACER. It should not matter when the attorney files the Motion to Convert for your Chapter 7 to Chapter 13. I didn't think that you were up against any particular deadlines.

    If you are concerned, just call your attorney's office. I'm starting to think that you may be calling/emailing them too much and they may start to get concerned.

    A Chapter 13 petition, Plan, and filing take a lot longer than preparing a Chapter 7 filing. Besides, you should be going over the Chapter 13 information with your attorney before the attorney files it. At least, I would want to review what my bottom line "disposable monthly income" (DMI) is before the attorney submitted the new Schedule I/J and Form B22C (Means Test).
    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.

    Comment

      #3
      Originally posted by justbroke View Post
      If you are concerned, just call your attorney's office. I'm starting to think that you may be calling/emailing them too much and they may start to get concerned.
      I think you are right. She responded to me and told me that if I don't feel she is doing her job then perhaps she should withdraw and hire another attorney. I wrote back sincerely apologizing and requesting to retain her services. Yeah she's definitely concerned.

      Comment

        #4
        We here at BKForum are concerned too. I know this is all alien, frustrating, slow, scary, and even has you spooked. Bankruptcy is a very "technical" process. It has its own flow. There really aren't many "emergencies" in a bankruptcy and most things take days and weeks to get accomplished. In fact, some bankruptcy processes could take months.

        At some point you will need to be able to rest and find peace in the fact that you have an attorney and are represented. If you were pro se, I could see more anxiety, but you are represented. Please allow your attorney to perform her job. As your attorney wrote, if you don't feel she is adequately representing you, then you can fire her and seek a new attorney. While your case is somewhat atypical, it is not outside the norm of the process.

        I hope that you can get that anxiety down from the 75% that we had you ad earlier today... to a more manageable 10% by the end of this week (yes, today).
        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.

        Comment

          #5
          Originally posted by justbroke View Post
          We here at BKForum are concerned too. I know this is all alien, frustrating, slow, scary, and even has you spooked. Bankruptcy is a very "technical" process. It has its own flow. There really aren't many "emergencies" in a bankruptcy and most things take days and weeks to get accomplished. In fact, some bankruptcy processes could take months.

          At some point you will need to be able to rest and find peace in the fact that you have an attorney and are represented. If you were pro se, I could see more anxiety, but you are represented. Please allow your attorney to perform her job. As your attorney wrote, if you don't feel she is adequately representing you, then you can fire her and seek a new attorney. While your case is somewhat atypical, it is not outside the norm of the process.

          I hope that you can get that anxiety down from the 75% that we had you ad earlier today... to a more manageable 10% by the end of this week (yes, today).
          Thanks for your comments and kind words. I sent her an email apologizing, should I just leave it at that and wait for my meeting next week? I don't think a phone call to her in addition to the email is warranted in this case. I just need to calm down. Now I'm worried that she's going to withdraw. If she does withdraw, what are my options considering my case?

          Comment

            #6
            Just stick with your meeting. At the meeting you will review the paperwork and what your attorney projects will be the payment to the Trustee. I'm thinking that your attorney does not want to withdraw. It just appears you are pressuring them and asking many questions rather than wait for your face-to-face meeting.
            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.

            Comment

              #7
              Originally posted by justbroke View Post
              Just stick with your meeting. At the meeting you will review the paperwork and what your attorney projects will be the payment to the Trustee. I'm thinking that your attorney does not want to withdraw. It just appears you are pressuring them and asking many questions rather than wait for your face-to-face meeting.
              You are right, I've let my anxiety get the best of me. I will wait for my meeting next week. In the event that she just ups and withdraws, how do I handle it?

              Comment

                #8
                You could ask her to recommend another attorney, you could revisit the attorneys that you "interviewed" previously, or you could start your hunt for a new attorney by beginning the process all over.
                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.

                Comment

                  #9
                  Originally posted by justbroke View Post
                  You could ask her to recommend another attorney, you could revisit the attorneys that you "interviewed" previously, or you could start your hunt for a new attorney by beginning the process all over.
                  Ok thanks. I'll keep a few firms numbers handy in the event she withdraws. What happens to my existing Chapter 7 case that needs to be converted? Will another lawyer pick it up and if so can they do it within the time of the original trustee meeting (Nov 8)?

                  Comment

                    #10
                    Let's not concentrate on changing attorneys. Let's concentrate on a nice relaxing weekend and then have the meeting with your current attorney on Wednesday. I don't think that she wants to withdraw. Is appears that she asked you if you wanted a change. Are you second guessing yourself?
                    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.

                    Comment

                      #11
                      Originally posted by justbroke View Post
                      Let's not concentrate on changing attorneys. Let's concentrate on a nice relaxing weekend and then have the meeting with your current attorney on Wednesday. I don't think that she wants to withdraw. Is appears that she asked you if you wanted a change. Are you second guessing yourself?
                      Maybe I am second guessing myself. All I know is I need to be represented and I'm worried that I'll get an email or a letter stating that she is withdrawing. Thanks for calming me down. As long as I don't hear from her I'll prepare for Wednesday's meeting. If I do hear from her then I'll try to find another attorney and fast.

                      Comment

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