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Isn't correct "liabilities" amount IMPORTANT?

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    Isn't correct "liabilities" amount IMPORTANT?

    I finally received my paperwork from the attorney. I realize that as my case gets closer to being filed with the court I get more and more nervous because try as I might to THINK POSITIVE, I have every worst case scenario running through my mind! Hoping for the best, anticipating the worst, ya know. So I recognize I could be overreacting, however...

    On the page where there are the boxes with the ranges for liabilities, the box that was checked was the 0-50k box. It should be the 50-100k box.

    I had a list of questions regarding my paperwork that I emailed to the attorney because it is very difficult to get him on the phone and it's also an easier way to keep track and keep a record if/when he responds. He hadn't responded so I made a follow-up call. (He DID receive the email, but "didn't respond because" he "didn't feel like typing." Yeah, that response THRILLED me...)

    Anyway, his reply was that "the computer fills out those forms automatically, it adds up the numbers and checks the box based on that." I wanted to understand how that could be since I checked the figures and if it does work that way the second box should have been checked.

    His reply to that was, "don't worry about it. Doesn't matter, not important."

    Not important?!? Isn't it fairly CRUCIAL that every bit of information is accurate?

    I had already crossed out what was there and checked the correct box - before he told me not to do anything with it.

    Am I wrong in thinking his response was off? This is all new to me, but it seems the range of liabilities filled out on the paperwork to be sent to court IS important and needs to be correct.

    Should I follow up again with him when I mail these papers back to make sure it's corrected? Should I ask a new set be printed out?

    Or am I making too much of this?

    I ask you wonderful and knowledgeable people because this is the place for the best information I have found!

    Thank you in advance.

    #2
    Not a very convincing argument for those that feel lawyers are needed to file.

    He probably expects $100 to return a call. (On the other hand- it's a good example of how easy filing BK really is- all the errors those lawyers make, and self filers make- there's not much talk of many dismissals as a result.)

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      #3
      Let me ask you this, is your liabilities fairly close to the 50k mark or way off from that? If it's fairly close, like 55k, honestly it's not going to matter that much. A trustee can see clearly your amounts of your liabilties on your schedules, for the wrong "total" box to be checked it's just an adding error, one that is easily corrected or overlooked as they can see the difference. You can definitely make them correct it, as you can any paperwork you see with a mistake and it won't cost you a thing, that's what you paid them for in the first place. I hade several small figures that didn't match exactly on my paperwork and there are some instances where you will use a "estimate/guesstimate" so we just left it.

      If you feel you would feel better having it corrected and you are surely intitled to that, have them reprint it, they will only reprint that one page so it's not much trouble at all to them. They just act like it is lol. My lawyer corrected one of my pages with me sitting there in like 2 seconds and reprinted that page out. No big deal.
      "Try to save money. Someday it may be valuable again." - Anonymous

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        #4
        I think the trustee is more interested in the non-exempt assets you have.

        The exact amount of debt is not that important. Because if it is an asset case, the trustee will work from the claims submitted by your creditors later, after taking his/her cut first, of course.

        But your attorney does not sound too professional. More like a lazy 3rd grade kid....

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          #5
          This is speculation, but if the amounts are not too far if, what your attorney is probably referring to is the fact that the form software downloads your credit report and used the balances on that report. The reported balances may be different than what you have.

          In any event, it is not a big deal.

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            #6
            The correct amount for my liabilities is closer to 100k, so not at all close to 50k.

            Thank you all for your feedback on this. When I hear about "clerical errors" and cases being dismissed for them I'm never sure just how far that goes and where the errors are and wasn't sure when it came to the figures.

            About the lawyer - yes, I'm finding he is on the lazy side and downright juvenile. Only been out of school 2 years or so, I found out - could be a good thing or a real bad thing but either way this is who I ended up with and I HOPE things improve...

            Thanks again!

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