ALL courts documents are mailed by the clerk of court to my creditors?

[inhocknow]

Thanks for all of your great help.

I have a question.
When my lawyer initially filled my case, he did not upload my creditors into the courts system. I saw a notice of deficient filing on PACER for me case.

I spoke to my lawyer and he said they took care of the uploading of my creditors into the courts system.

I spoke with my case manager in the bankruptcy court and she said that yes the lawyer did upload the creditors.

The case manager told me that although its now uploaded, the lawyer needs to send out the certificate of services, notices to the creditors with a copies of the notice of the bankruptcy case and the meeting of the creditors and deadlines (section 341 meeting notice)

I called the lawyer back and he said that the courts need to do this.

This info is also on the notice of deficient filing per the case manager in the bankruptcy court and it is when I read the notice of deficient filing...read below to what it says exactly:


"THIS IS NOTICE that your petition was sumitted on September 28th, 2007. Please correct the following deficiency:

1: The creditors were not uploaded during the electronic filing process.

** The noticing of this case will exclude the creditors. Upon upload of the creditors and a certificate of service to the creditors with a copy of the Notice of the Bankruptcy case, meeting of creditors and deadlines (section 341 meeting notice) these creditors will be added to the case. **

PLEASE CURE THE ABOVE-STATED DEFICIENCY WITHIN 3 DAYS OF RECEIPT OF THIS NOTICE OR SANCTIONS MAY BE IMPOSED.




What do I do?

Thanks for all of your terrific help.

[rilbrianne]

I filed pro se and the clerk sent all of those out. I didn't have to. I don't understand why your lawyer wouldn't call and make sure they get it straightened out. You are supposed to give him the necessary information to file and let him do the rest. That's why you hired him. You shouldn't have to spend all your time worrying about if he's doing his job or not.

[lrprn]

We filed Ch 13 so take this with a grain of salt, but in our case the court sent out all the official notices to our creditors and other interested parties on our creditor list.

[6ftladycop]

I have always said that I was so happy I researched my situation, filed Pro Se even though lots of folks said not to do it because it was always better to hire a lawyer when dealing with any type of Bankruptcy, but based on many cases here, lawyers have made some huge mistakes and because they are human beings like all the rest of us, they are not above it....may get mad if someone brings it to their attention, but they are not above making mistakes. I really feel bad when I hear stories like yours. We are trusting souls that pay these folks are hard earned money and expect them to have our backs during a problem.

I am not a lawyer, but in your case temporarily I would make copies of that Notice of Filing and mail it to everybody involved. The records on Pacer should have had a creditors mailing matrix. Even if he did not send it out, you make copies of the creditors matrix, the Notice to File bankruptcy that is sent to creditors and mail them out yourself. Also you could file an amendment. I think no matter where you are it cost 26.00 dollars to add creditors.

And regardless of where the fault lies, do not delay with getting that information to them asap. You can argue with the lawyer later. I would even include a letter indicating what happen and why they did not get copies of the Notice. Also make a copy of the information concerning the notices not being mailed and that they are deliquent. Send a copy of everything. Always give folks more than they ask for so that they will not have to keep bothering you and asking for more paperwork. Send it to all involved. My 2 cents.

[inhocknow]

Hello folks, thanks for all of your help. Is it advisable for me to CALL my creditors and give them the CASE # over the phone?
I have been having good success and it seems to give them what they need.
Has anyone ever done this? I started calling the ones that have called me recently. I called them back and gave them the case # and they updated the account and they seemed satisified. Thanks for your help.