Are Fees Paid?

[jrsmom]

I'm in a panic. Pacer says deadline for fees of $299 for DD's BK7 is 1/23/08. Her atty says fees have been paid (of course she also said she would file all paperwork in December and didn't until January so I don't have a whole lot of confidence in what she says). I can't find anywhere on Pacer that confirms payment. Maybe I'm not looking in the right place. Any suggestions as to where I should look for confirmation of payment?

[Minnymouth]

The case would NOT BE FILED and on Pacer if the fees had not been paid........

No fees paid, no filing............

[jrsmom]

Oh Minnymouth, THANK YOU FOR YOUR RESPONSE!!!!!! I'm so relieved.

[FreshLikeADaisy]

Jrsmom, did she do an application to pay her fees in installments? Seems unlikely with her having an attorney, but...

You know, the more I think about this the more I think it's worth a call to the clerk's office, because PACER is so automated: if PACER says it is owed, then there's something worth looking at. Minny is right (as usual ) as far as paper filings go, but I'm not certain about electronic filings. Attorneys who file electronically generally have some sort of payment system set up with the court like a credit card or whatever; I remember looking over all the memos and amendments to the local rules and procedures from when the Middle District of Florida changed from paper filing to ECF/PACER, and payment options for attorneys were covered in there because they could no longer hand over the check with the paper filing in person. It may be that somehow that payment arrangement with that attorney got mixed up, or it may be that this atty only pays the court monthly, in which case you're golden.

I *really* don't want to crank up your anxiety level, God knows you've had enough, and I wouldn't say anything if I hadn't seen those memos with my own eyes. But this I would make a phone call or two on, just to be sure. You can call the clerk, you don't have to wait for the attorney. Good luck!!!

[FreshLikeADaisy]

Okay, I looked at the Middle District of Florida, and I remembered correctly: an attorney using the ECF system to file electronically has four payment options:

Middle District of Florida Page 10 of 40 August 2007

http://www.flmb.uscourts.gov/cmecf/attorneyguide/Chapter7.pdf

$Installment: Select if an Application to Pay Filing Fee in Installments will be filed and only partial payment will be made.

$ Paid: Select if making payment with a credit card.

$ Fee Not Paid: Select if paying by a check or money order.

$ IFP Filing Fee Waived: Select if an application to waive filing fees will be filed.

It looks like maybe your attorney pays by check or money order, or, as unlikely as it seems, he does have the option of applying to pay in installments (though *why* he would I'll never know; it may be that that option is for the court clerks who use the same system to enter cases filed by paper).

So it's definitely worth a call, IMO. Good luck!!!

[jrsmom]

Thank you for your response Freshlikeadaisy, I do appreciate it. I found out something quite interesting this morning. Case was filed and the fees HAD NOT been paid. We paid the atty (in full including $299 in court fees) on 11/6/07 as she was supposed to file right after that. She finally did file on 1/8/08. Pacer said fees had to be paid by 1/23/08. My daugher asked her early last week if the fees had been paid and she said yes. Well, lo and behold, I check Pacer this morning and guess what? Fees were paid on 1/22! I'm a really unhappy camper at this point! If I'd only found this forum BEFORE my daughter decided to file,we would have done things alot differently. I can only keep my fingers crossed at this point that this whole thing isn't going to become a complete disaster. I have absolutely NO confidence in this atty. I just want this over so my daughter can get on with her life and have this behind her.
Thanks again.

[FreshLikeADaisy]

*whew*

Glad that bullet was missed....

You know, I understand about the attorney: I can't believe some of the stuff I've read here. But barring any further unforeseen drama, it should be smooth(er) sailing from here on for your daughter, if only because the filing is now complete and there's not a whole lot to watch in the meantime as she waits for the 341. In other words, there's not a great deal left for him to fail you in.

To me, the biggest disasters are Notices of Deficiency (you didn't file right) and creditor objections (extra $$ and time involved) but so far you haven't mentioned either of these as far as I've read, and you haven't been selected for audit as far as I know, so I'm crossing my fingers for you... Good luck!!!!