I have a copy of my petition. Would I be allowed to make corrections and send it in?
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jesse..your attorney is right. It would be pretty much a waste of time to send in an ammended schedule F. Even if you forgot to list creditors in your Matrix if you're filing a no-asset case everything is discharged.
Why ammend a petition or schedules when it isn't needed. When you amend your petition for something that really doesn't need to be it is just more work for the court clerk and the trustee. Does your trustee really want to have to go over your schedules again before your 341?
When in reality the changes aren't necessary. If creditors are forgotten in a no-asset case they are discharged. The only time it might be a problem is if you have assets that are going to be paid out. If they are forgotten or not notified than it would cause the creditor harm.
Even though your attorney does work for you. By pushing this issue you causing unnecessary work for not only them but also the trustee and court clerk.
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Sorry, but I disagree. I understand that the debt *would* be discharged under the OP bk, but the forms should have been filled out correctly to begin with. This attorney works for her and I don't think it is a waste of time to send in the correct paperwork (which should have been done in the 1st place). Jesse, I think "Mi Bankruptcy" had a good suggestion, make a statement and have the attorney sign it...since they (the paralegal and attorney) are so confident that everything will be dischaged. This will cover you a** in the long run.Originally posted by biotechsolution View Postjesse..your attorney is right. It would be pretty much a waste of time to send in an ammended schedule F. Even if you forgot to list creditors in your Matrix if you're filing a no-asset case everything is discharged.
Why ammend a petition or schedules when it isn't needed. When you amend your petition for something that really doesn't need to be it is just more work for the court clerk and the trustee. Does your trustee really want to have to go over your schedules again before your 341?
When in reality the changes aren't necessary. If creditors are forgotten in a no-asset case they are discharged. The only time it might be a problem is if you have assets that are going to be paid out. If they are forgotten or not notified than it would cause the creditor harm.
Even though your attorney does work for you. By pushing this issue you causing unnecessary work for not only them but also the trustee and court clerk.
Good Luck.May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!

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Even if it's not going to change whether or not the forms are correct so far as discharging the debt, the forms need to be filed correctly, IMO, to follow bankruptcy laws. IMO--and again, I filed pro se--the trustee needs an accurate 'snapshot' of your financial status and if the forms aren't accurate, then that has not been done. I personally filed a corrected SOFA because I forgot some info and made a math error...it may not have changed anything, but the way I understood the laws, the documents need to be correct. End of story.
If the attorney won't amend, I would either do it myself or I would bring the corrected forms with me to the 341 along with documentation that you requested the attorney to change the schedule...and that he or she refused to do so. If it were $1000, I might not worry but you said that it was 30K...that's a good chunk of $$$.
I am so sorry you are going through this.
((Hugs))
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