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Be Very Careful Of Petition Preparers

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    Be Very Careful Of Petition Preparers

    My name is Carl, I filed a Chapter 7 bankruptcy, no asset case, back in March 2006. I had my 341 meeting April 2006 and received my Discharge June 2006. I had total liabilities in excess of $165,000.00, mostly credit card and consumer debts. All of my assets were exempt. I lost NOTHING in my bankruptcy, except my debts. No one objected to my discharge or attended my 341 meeting.

    HOWEVER, my case was NOT closed until January 2007 and the reason why is because the US Trustee for my Bankruptcy district filed an Adversary Proceeding against the Petition preparer that I paid $149.99 to in June 2006 and here is why.

    The man totally screwed up my paperwork, I had to work on it for TWO WEEKS STRAIGHT, 15 HOURS A DAY, to get it straightened out. I had to revise figures that he input incorrectly, add factual data that he deliberately omitted though it was provided to him. I had to file an amended petition, various amended schedules and an amended master mailing matrix. In doing so and to cover my rear I had to spend an additional $177 for copies, legal size envelopes, postage and filing fees. This man VIOLATED US Bankruptcy law by giving me INCORRECT LEGAL ADVICE such as, advising me the impact my filing would have on my property, what I would and would NOT have to include on my bankruptcy filing paperwork in terms of assets and liabilities, etc. IF I HAD NOT TAKEN THE TIME TO REVIEW HIS WORK, AFTER I FILED AND THAT WAS A HUGE BOO BOO ON MY PART, COST ME CASH, I would have wound up either committing perjury at my 341 hearing as well as on my paperwork and OR getting my case dismissed.

    My case Trustee at my 341 meeting questioned me about my amended filings and why and I TOLD THE TRUTH, OF COURSE. She then proceeded to carefully go over it with me and when she was done asked me to verify if it was right and if there was anything else I wanted to change. I told her NO and that was that, or so I thought.

    In June, right BEFORE my discharge, a District US Trustee's Office staff attorney called me on the phone and confirmed the information I had given at my 341 hearing, I told the truth and was scared to death. She noticed and assured me her proceeding against this man would not affect my discharge and it did not. She emailed me my Discharge along with the Affidavit she wanted me to print out, sign and get notarzied and fax and mail back to her, I did.

    The guy never showed up, she got a default judgment against him for $5000.00 in various fines, all the money I had paid him and afterwards for my filing fees and other expenses in correcting his mistakes. Comes to find out this was ONE of about 20 such cases across the US against this man.

    BE VERY CAREFUL IF YOU USE PETITION PREPARERS, MINE WAS ONLINE, BTW.

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