Deficiency notice - I don't understand

[marzipan13]

Ok, I went into PACER and it says there is a new deficiency notice.

It says:

DOCUMENT: 15 − Schedules A−J on behalf of (my name), Summary of Schedules on behalf of (my name) Filed by (my name). (Smith, D)

PROBLEM: The pleading was not signed by the debtor. (Federal Bankruptcy Rule 9011(a)

What pleading? The only place I saw where I needed to sign my name was on the Statement of Financial Affairs?
Are they talking about the Declaration of Schedules?
I did add a couple continuation pages that I typed myself explaining expenses increasing/decreasing, etc. Would I needed to have signed those?

[marzipan13]

Rule 9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers

(a) Signing of papers.

Every petition, pleading, written motion, and other paper, except a list, schedule, or statement, or amendments thereto, shall be signed by at least one attorney of record in the attorney's individual name. A party who is not represented by an attorney shall sign all papers. Each paper shall state the signer's address and telephone number, if any. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

Yikes! Does that mean I needed to put my name and address on ALL pages of the Schedules & Summary?

[demismom]

>Each paper shall state the signer's address and telephone number, if any. <

Sounds like it to me.

[Minnymouth]

You need to amend some paperwork................

Its all the little things you don't know about that throws up the red flags on pro se filers.......

[marzipan13]

[QUOTE=Minnymouth;97590]You need to amend some paperwork................QUOTE]

So, I need to resubmit all those schedules & the summary with my name, address, telephone and signature on all of them?

[Minnymouth]

yEP, date, name, address, case number, etc and sign all pages..... and this needs to be done before the 341 meeting so that Trustee will see them.....

[SinkingFast]

I remembered signing in several different places so I checked our BK Petition.

We signed:

Our Petition.
DECLARATION CONCERNING DEBTOR'S SCHEDULES.
Form 8, CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION.
and
The end of the Means Test.

Maybe you missed signing one of those pages??

Just saw the Pro Se Filer's note. Ooops!

[Nowwhatohio]

It's posts like these that make me sleep easy and happy I scraped together the $1000 for a lawyer. No offense, but not signing a piece of paper sounds like a really avoidable mistake to me and others should be wary about jumping into the practice of law without any training (pro se). A book isn't a substitute for a legal education.

[marzipan13]

"no offense"?

well, I am offended. I am pro se because I CAN'T AFFORD IT!

I did all my husband's immigration stuff without a lawyer, which is just as complicated as filing bankruptcy. I've spent hours on end researching all the laws... books, bankruptcy codes, and online resources such as this helpful form.
Everyone has been friendly and eager to share experiences/support. But it is posts like yours that I do not appreciate. It is neither supportive nor helpful.
There is no need to insult someone because they made a simple mistake, nor is there a need to rub salt in the wounds of the pro se'rs because you were able to "scape together" the funds but they were not.

[treehugger1]

Marzipan, Hopefully you explored all of your local/disctrict local BK rules also. These can vary widely. I live in Oregon, and the rules are far more detailed and far more of them then just the US District Trustee requires. Failure to abide by the local BK court rules here and the red flags pop up everywhere.

[treehugger1]

One mroe thing to add. I've researched all the self-help BK books, and they definitely do not account for all the possible discrepencies between federal Bk law and state/local law. I think even the NOLO book warns the reader to know their state/local customs.

[treehugger1]

I think you simply need to figure out what you might have "missed" and amend the "mistake." I have nothing against pro se, but if you choose to play the game, you have to play by all the rules, even if someone invents them as you go along. Hopefully, you won't have find yourself in a situation where you need to provide an argument for a US Trustee or the real McCoy BK judge. Best to you.

[Nowwhatohio]

Marzipan, this is like the third thread started by you about how bad you messed up on (really simple) stuff. You are what legal aid was invented for. Look for (legal) help and don't trust your(pro se)self because it is clear it's not working out.

No offense.

[marzipan13]

"if you choose to play the game"

Who ever said that I chose to play it?
I HAD NO CHOICE BUT TO PRO SE!

Does everybody think that pro se'rs are just too cheap to dish out the funds to get a lawyer? NO! Pro se'rs are just too broke to afford one.
Do you actually think that if I had the money, that I would have retained a lawyer? Absolutely!
But I am drowning in debt that began over 4 years from losing my job... which happened because I needed to care for my mother dying from cancer and I was missing too much work.

And all I can do now is file bankruptcy, try my best to learn the laws.
That is why I came to this forum. For HELP! NOT to be insulted. NOR to have someone be condiscending.

Do you think that telling me 'you should have gotten a lawyer' or 'you should make sure to read these laws or those laws' is going to help me? NO.

[Nowwhatohio]

If I needed surgery I wouldn't start cutting into myself, it's all I'm saying. There is legal aid if you look hard enough.