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lawyer not concerned about petition error

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    lawyer not concerned about petition error

    My lawyer made an error when completing my petition so that on the expense page it lists $300 for home repairs and $0 for food. In reality, it should be the reverse. (I rent and don't spend much on home upkeep and I actually do eat each month). When I signed it, this error wasn't there, but he was going to make one change from when I reviewed it with him regarding something else. Somehow the numbers were switched between when I signed the petition and when I got my copy of the filed version.

    He said this won't make a difference because the trustee only looks at the total. Is this true?

    Or do I insist that he ammend it?

    My 341 is 10/4.
    Last edited by Cali7; 09-17-2005, 02:17 AM.

    #2
    Insist he change it..He may know the trustee, but I'd tell him "Who's paying for this?"

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      #3
      Make sure he changes it, you never know what the trustee will look at.
      Filed 08/04/05
      341 09/14/05

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        #4
        At the 341, you will be under oath and the trustee will probably ask you if the schedules are correct.

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          #5
          Make him change it. I guarantee you this....if the trustee asks you about it, your attorney will not cop to making a mistake. He will probably just sit there and make you look stupid. Everything must be correct on your petition. This is your BK, this is your life. Don't let a silly error jeapordize your chance at a fresh start.

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            #6
            Your attorney is right - Trustee is interested in all-over figure of expenses.....trustee will notice the food error - probably correct it with a notation and look for assets he can sell......
            There are errors corrected on petitions all the time at the 341 meeting.

            Minny
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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              #7
              Originally posted by Cali7
              My lawyer made an error when completing my petition so that on the expense page it lists $300 for home repairs and $0 for food. In reality, it should be the reverse. (I rent and don't spend much on home upkeep and I actually do eat each month). When I signed it, this error wasn't there, but he was going to make one change from when I reviewed it with him regarding something else. Somehow the numbers were switched between when I signed the petition and when I got my copy of the filed version.

              He said this won't make a difference because the trustee only looks at the total. Is this true?

              Or do I insist that he ammend it?

              My 341 is 10/4.
              For the most part this his comment is true.............you should be fine though!

              Good Luck!
              The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

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