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[monkatom]

I just received my package of paperwork from attorney and noticed a few errors or omissions. Need help

Schedule I income he used wifes recent paycheck but since she is on a ten pay system shouldn't it be her one month paycheck times ten divided by twelve otherwise it appears that she is making a lot more than she actually makes since she does not get a check over the two Summer months? Because of this I think he was extremely liberal on schedule J as his schedule I is over 1000 higher than mine when i calculated it.

Second was he used old house value and amount owed on house eve though I gave him new info two weeks ago.

Third he used 5 exemptions when there are four of us. i had my nephew for two months but told him on three occasions he is gone.

Fourth Means test does not match mine for income or expenses(due to 5 exemptions) as well as in other areas.

Fifth does he have to list all CC cards even ones with a zero balance? I gave him all CC info including two cards with zero balances that he did not include.


Also on schedule C on value of claimed exemption he has 6290 under tax return does that mean he is exempting up to 6290 of tax return?

There may be more but I only did a quick scan. I know he is a lawyer and most likely knows his stuff but all of his info is old and does not include all the new info he asked for and I provided two weeks ago, not to mention big difference in schedule I and J.

Please advise if I should be concerned or just contact him to fix. Seems weird he mailed me packet to sign and send back to him as opposed to meeting in his office.
Thanks

[monkatom]

bump any advice

[danaf]

if it were me, I'd absolutely have the attorney ammend the things that were wrong. i wouldn't sign my name to anything I knew wasn't true. bk is too serious a deal to mess with.

(his paralegal probably did the paperwork and nobody checked it)

[lrprn]

Schedule I income he used wifes recent paycheck but since she is on a ten pay system shouldn't it be her one month paycheck times ten divided by twelve otherwise it appears that she is making a lot more than she actually makes since she does not get a check over the two Summer months? Because of this I think he was extremely liberal on schedule J as his schedule I is over 1000 higher than mine when i calculated it.

The Means Test income is the total of the last six full calendar months of all sources of income multiplied by two. Doesn't matter if some sources of income during the six months are one-time payments or abnormally large payments. Welcome to the inequity of the Means Test annual income calculation for those who have irregular incomes.

Second was he used old house value and amount owed on house eve though I gave him new info two weeks ago.

If the difference is significant, ask him to correct this. If you are talking about less than a few thousand dollars, then it won't matter.

Third he used 5 exemptions when there are four of us. i had my nephew for two months but told him on three occasions he is gone. Fourth Means test does not match mine for income or expenses(due to 5 exemptions) as well as in other areas.

Ask your lawyer why he is still counting your nephew as a member of your household when he is no longer living with you.

Fifth does he have to list all CC cards even ones with a zero balance? I gave him all CC info including two cards with zero balances that he did not include.

This is just good practice in case one of these cards suddenly decides you owe them something. If they are all listed, they don't have a legal leg to stand on to get any money from you.

Also on schedule C on value of claimed exemption he has 6290 under tax return does that mean he is exempting up to 6290 of tax return?

You[ll have to ask him what this means.

Please advise if I should be concerned or just contact him to fix.

Contact him to ask for a face-to-face meeting to discuss the discrepancies and ask for explanations. Don't sign the forms until you are ok. And keep in mind that absolutely exact amounts that are right on the money are not required when filing. The court understands the fluid nature of personal finances, the falling housing market, etc.

[monkatom]

The Means Test income is the total of the last six full calendar months of all sources of income multiplied by two. Doesn't matter if some sources of income during the six months are one-time payments or abnormally large payments. Welcome to the inequity of the Means Test annual income calculation for those who have irregular incomes.

The mistake was actually on the schdeule I. So how do you calculate income on the schedule I if you receive irregular income? We are filling this month due to irregular income but I thought the I was actaully monthly income which to me should be one month salary times ten divided by twelve for her since she only gets ten paychecks a year.
Thanks

[needafreshstart]

My lawyer took my income for schedule I directly from my last paycheck and said that is what has to be used for your current income.

[monkatom]

Darn I hope not as it makes us look like we make bank. Now we have itesm on teh J like 950 for food and 125 for personal hygiene for a family of four.

[monkatom]

called the Sourthern Cal BK court and perosn on phoen said he would average our monthly income as using one paycheck will overstae income by 1100 dollars. then he said we can just note it for the trustee. Sound Good? Still waiting to hear back from lawyer

[PaKettle]

At least you found this out before your 341. I didn't find out my attorney had made several mistakes and omissions on my forms until the night before my 341 and he wasn't even coming to my 341 because he was sick. He sent some guy I never met before in his place.

So, since you found out all this, I'd simply make sure the changes are noted to the trustee - especially any that may make a difference - and if there is anything REALLY important I'd even mention it to the Trustee myself at the 341.

In my case, I did have to mention several things to the Trustee and he seemed to appreciate that I did. I ended up having to amend a few things as a result, and have my attorney re-submit those amendments but it didn't affect my overall waiting period. (at least not to my knowledge; though I'm STILL waiting for Discharge!)

[monkatom]

Pa I have not filled yet so luckily I will not need to tell trustee. so finally got a hold of Lawyer who said sign paperwork but write in all changes on schedules?? He said the schedules are different sheets then the signature sheets so to speed up the process make all changes on schedules he will fix and submit paperwork electronically next week and he will already have the signatures??