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    Filing Question

    Is it normal for the attorney to file a case without schedules, ect...

    On pacer it says mine was filed without them and on the Creditor Meeting notice I received today in the mail, under Presumption of Abuse..."Insufficient information has been filed to date to permit clerk to make a determination concerning the presumption of abuse."

    Normal?

    Of course, as usual, my attorney has been out of the country all week..

    The only thing I see on Pacer is the Petition, Creditor Matrix (Name and addresses) and the Meeting letter.
    Filed Chapter7-- 07/11/08
    341 Complete --- 08/07/08
    Discharged------ 10/14/08
    Closed---------- 10/15/08

    #2
    Your attorney filed, what is known as a "Short Form". He has 15 days to file the balance of your petition or it will be dismissed.

    Good Luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

    Comment


      #3
      There is something refered to as a "skeleton filing"-just the personal info and a creditors matrix. You then have 15 days {I think} to complete the filing. LAwyers usually reserve this for a real emergency-a petitioner is about to have wages garnished or, to stop a foreclosure.
      Unless you're in that category, your lawyer has some explaining to do.

      Comment


        #4
        Originally posted by keepmine View Post
        There is something refered to as a "skeleton filing"-just the personal info and a creditors matrix. You then have 15 days {I think} to complete the filing. LAwyers usually reserve this for a real emergency-a petitioner is about to have wages garnished or, to stop a foreclosure.
        Unless you're in that category, your lawyer has some explaining to do.
        I'm in Texas so no garnishment. Everything im keeping(House and car) is current. I bet he just filed it to get me off his back and he could go on vacation this last week. He filed on the 11th so he has this week to get it done. I know he had some schedules ready. He had me approve them.

        who knows!!
        Filed Chapter7-- 07/11/08
        341 Complete --- 08/07/08
        Discharged------ 10/14/08
        Closed---------- 10/15/08

        Comment


          #5
          Originally posted by keepmine View Post
          Unless you're in that category, your lawyer has some explaining to do.
          His explanation would be....He had to catch the plane to go to his Bahama vacation, and didn't have time to do all of the schedules. He'll be back in plentyof time to finish the filing.

          Comment

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