minor detail, date of stamping, filing, accepting

[Goldfish]

I'm a little unclear about how things happen time-wise.

I plan to go to the window at the Court and submit a waiver and a petition. It will be stamped.

Some lawyer told me (the guy I've mentioned-- who I don't think is on the ball) that the stamping date is not the filing date and doesn't initiate an automatic stay. Instead, it is the 'acceptance' date.

I thought the distinction he had in mind might have to do with getting approval on the waiver. But now I don't think so. It seems to me they take your application for waiver as as good as payment for processing purposes, but then if not approved, and if you do not pay, case dismissed-- so you essentially filed BK pointlessly.

So, I'm now thinking the 'stamping' date is the 'filing' date which should be the 'acceptance' date, and should be the auto stay date.

Anyway, I'll get back to work. gf

[justbroke]

If you file your petition "at the window", they will first sort through and examine the filing to make sure it meets the minimum standard for an emergency petition. Then they will "File Stamp" it.

Next, they will take your $274 (Chapter 13) or $299 (Chapter 7) filing fee. Then they'll enter your basic information in the computer and it will spit out a case number. Once the case number is issued, the automatic stay has begun.

In my District, if you stand at the Window and do this, you'll get two things immediately. First, you'll get a "receipt" that has your case number on it, along with your filing fee. You also get your 341 Meeting of Creditors date at that time, in my District.

So, he is right that having the clerk "just" stamp it, doesn't mean a case has been opened. However, if you're at the window, you want to get the case number, which does prove that the case was initiated. The "receipt" that I received had a "timestamp" as well.

I hope this helps...

When a chapter 7 petition in an individual debtor case is accompanied by a filing fee waiver application, the court should initiate and process the case in the same manner as other individual chapter 7 cases. (From U.S. Bankruptcy Court Guidelines)