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Another debtors document was posted to my case

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    Another debtors document was posted to my case

    I just checked pacer (Middle District of Florida) and saw that A Notice of Appearance document for GMAC Mortgage was posted to my case but it has another debtors information on it (case number, lawyer, trustee etc...). This other debtors case is with the Northern District of Florida - Pensacola Division.

    I imagine that either GMAC sent the wrong document to the court or someone from the court posted the wrong document. My mortgage is also with GMAC and I suppose that they meant to send a Notice of Appearance document for my case as well. Should I report this to GMAC to correct? If not GMAC who should I notify or should I just ignore the error? Thanks!

    #2
    I wouldn't call GMAC and tell them. If they're dumb enough to send the wrong documents that's their own fault and they deserve what they get. I would call my lawyer and see what he says about it. Are you trying to reaffirm something with GMAC?

    TS

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      #3
      Thanks TS,
      Yes, I am going to keep the house but I am not planning on signing a reaffirmation agreement.

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        #4
        I agree about not contacting GMAC. I'd call the BK clerk, though, and get it removed to avoid confusion... especially if the hearing date was entered on your "Deadlines/Schedule" page (the BK clerks look at the schedule to make sure the dates are marked "Satisfied" or "Terminated" before discharging you). The other debtor might be affected since this probably wasn't posted to their case.

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          #5
          Leave it, the ECF staff does an audit every 24 hours and they will catch it and have the attorney remove it or replace it. It happens quite a bit.......translation, I have filed the wrong document on the wrong case a few times
          Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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            #6
            Thanks for the responses!

            I am going to wait until Thursday to see if the error is corrected. If not I will see if the paralegal assigned to my case will call the BK clerk. The other debtor did have the same document on their docket so they won't be effected.

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