I am freaking out!!

[broken64]

I get home from work and there is a letter from BK court stating our case is being dimissed due to missing information! LIke six things my lawyer hasn't filed. I am so p____d! Of course it is 5:40 and they are gone for the day. I checked pacer and it said the same thing. Any words of wisdom for me please, can this be fixed? Or once they dismiss it is that it? He has all of our information, so I don't know why in the world they would have forgotten anything. We were referred to him by a few friends that had him for their case and they said he was great. He seemed to be until now, and we certainly don't have any money to get a new lawyer. Any help would be greatly appreciated or I will not be getting any sleep tonight.

[outsidetool]

So I'm guessing this was a notice of some sort of an impending dismissal? I know I had one of those also shortly after filing--and initially I was not happy; of course the letter from the court came on a Saturday so I had to wait 'till Monday to get some answers from my atty's office. In the big scheme of things it was all no big deal. There were a few things when I filed rather quickly that hadn't been completely filled out, and then I guess there were a few other things that for 'whatever' reason didn't show up in the filing. In the end result, it was all a non-issue. I don't know how many cases turn out getting these notices of dimissal for something missing, but I've got a feeling it's many. If I were you I'd relax--I know that's not easy--and not worry about it until you talk to your atty's office.

[blankslate]

I'm sorry your attorney let you down like that.

I filed pro se and had my case dismissed and closed for failing to file a summary. It was reopened yesterday so you will be ok.

You need to file the missing forms and a motion to vacate the dismissal. Make sure your attorney files an emergency ex parte motion otherwise you will have to wait two weeks for objections before you can file an order.

Hope your attorney gets back to you SOON and is wearing plenty of lip balm to kiss your bum!

[TEW]

I get home from work and there is a letter from BK court stating our case is being dimissed due to missing information! LIke six things my lawyer hasn't filed. I am so p____d! Of course it is 5:40 and they are gone for the day. I checked pacer and it said the same thing. Any words of wisdom for me please, can this be fixed? Or once they dismiss it is that it? He has all of our information, so I don't know why in the world they would have forgotten anything. We were referred to him by a few friends that had him for their case and they said he was great. He seemed to be until now, and we certainly don't have any money to get a new lawyer. Any help would be greatly appreciated or I will not be getting any sleep tonight.

Don't get all upset about this. It's a matter of your attorney uploading the docs that are needed. This happened on mine too and the things they needed were already there. the letter was generated the day of filing. it really is nothng to get upset about.

[HHM]

You are probably freaking out over nothing. There has actually been problems with the ECF system (Electronic Case Filing). The BK court just updated it and there have been a ton of errors.

Your attorney receives the same notices you do, in fact, they receive by email. Simply calm down and contact your attorney.

[broken64]

Thanks for the reassurance, I guess after days and days of making sure we had every inch of paperwork together for him, and then this. I do feel a little better now though. I guess until you are discharged bumps in the path are to be expected. I am sure this will probably push our 341 date later than March 25th now and I just want this to be over with.

[HHM]

Actually, it shouldn't effect your initial 341 at all. But your attorney does need to fix the deficiency if he does, you should have your 341 at the normal time and be able to complete it.

[Help!]

Your attorney can and should fix this ASAP. Now that you know you have an attorney that lets things fall through the cracks, you'll have to keep an eye on PACER to make sure he follows through on everything else needed for your case. This is the way my case started and it just went downhill from there.

[dingdong]

What specifically is missing?

Can you log into PACER and check your history/documents folder and then tick the box that says "display docket text" and compare what is missing to the deficiency list.

IF it is simply a PACER error and the documents are docketed, you can have a restful nights sleep.

IF they aren't there, and it still is a clerical error, no big deal.

There are ways your attorney can fix the errors if he did forget something by motioning the court, so it isn't over/dismissed for good.

I was dismissed and reinstated in 2 days. ( and I filed pro-se ( no attorney) So don't trouble yourself too much over it. Things can be fixed in the BK world!

[dingdong]

Forgot to mention, if your attorney just recently filed your petition, you have 15 days from the date the petition was filed to get everything in. Maybe he just didn't get everything filed electronically before the notice was sent out. I think my deficiency notice was sent the same day I filed, it was really quick, I remember that.

Maybe this is just your preliminary notice from the court stating any deficiencies and giving the date for dismissal if they are not filed timely.

If it is this notice , it is standard in most emergency filings.

I did an emergency filing and received the deficiency notice right away, but had 15 days to cure.

[broken64]

We were filed on February 6, letter dated and signed on Feb 25!! Docs missing are noted to be Atty Fee Disclosure, Certificate of Budget & Credit Counseling (they have that),Schedules A-J, SOFA,Summary, Statistical Summary,Ch 7 Means test are all listed!! Looks like he filed for us and then forgot about us! I left a message for him as soon as I got home and told him to call me ASAP in the morning regarding this issue. I just wish these lawyers understood that this is our life and we are not just a number, I really thought he did but I guess I am being proved wrong.

[broken64]

Talked to lawyer, said their internet was down didn't get the email can you fax over, I said no problem, but I want you to know this is our life here not just a number, response it is ok everything will be taken care of, ok now I am wondering again because of course it is Friday, no courts open lawyer closed and pacer still showing no change and yes I know lawyer said internet was down didn't get email, but what the f___k are you serious? get it going on my god I am just not understanding what can be the hold up, IF internet is down is there not phone, or something to proceed? This is total BS and now I am into the weekend, give me a freakin break already.