Need help asap..... "stricken from record" on pacer? Now what?

[443gogreen]

ok, so I had to fix something on Schedule D, and it was due on Friday.

On our way to the courthouse we were in an accident and I called them and the clerk said it would be ok to file the ammendment on Monday with no problems....uh, today (Tuesday) there was an order to have the Schedule 'stricken' from the record. WTF?


So, what does that mean? Do I simply resubmit it? Or am I screwed?

Ugh!!!

[justbroke]

Depends on who had it stricken from the record. Was it a creditor? I haven't seen anyone have a schedule stricken before.

Just re-file it with the clerk. I would also look at the Order having it stricken to see why it was stricken. Perhaps your case manager did this in anticipation of a re-filing because the original Schedule was just plain bad. But, what I'm typing is just speculation. Call your case manager and find out why.

[443gogreen]

It was stricken because it was due to be ammended by 4/17 (friday) and wasn't filed until 4/20 (Monday) so it said it wasn't filed in time. The problem is/was that we had an accident on way to the court on Friday and were 2 states away. Soooo, since the night box closed at 11 and didn't open till Monday I called the Clerk. She told me that it would be OK to file it on Monday, no problemo!!!

Apparently not............

So, if I re-file it, what does that mean? Just re-submit it? Or do I need to fill out anything else.

FYI, it was Schedule D and when I originally filed it was blank because I wasn't sure about a tax lien. I ammended it to add the IRS for my secured debt which is why I was submitting it again.

Any guidance would be great. Thanks!

[justbroke]

Just re-submit it immediately. You should have filed this on Monday if you knew it was past due. You don't want your case to be dismissed (not that I know that they'd do that).

However, you need to get that amendment in! You will probably be required to pay the $26 fee as well.

[443gogreen]

I did file it on Monday, which is what the clerk told me to do, and it was still stricken for being late.......I did what she told me to do and apparently it didn't matter.

I went ahead and refiled it yesterday with the 26.00 just to be safe. Ugh, it's just frustrating!

[justbroke]

I did file it on Monday, which is what the clerk told me to do, and it was still stricken for being late.......I did what she told me to do and apparently it didn't matter.

I went ahead and refiled it yesterday with the 26.00 just to be safe. Ugh, it's just frustrating!

Yeah, the process is very unforgiving, and technical in nature. All schedules needed to be filed within 15 days of filing the petition. You could Motion to allow it to be accepted, if they strike it again.

[JRScott]

You might try calling the clerk and reminding them of the conversation you had on friday and the accident.

The process is not very lenient sometimes and it is possible a lesser clerk just went through all the pending cases and struck the ones that were not up to par, but reminding the clerk of the situation might fix this problem and get them to tell you if they are nice what to do.