Request for service of notices

[jal592]

I checked pacer today, and saw that my mortgage company has requested a service of notices. can someone please tell me what this means? our 341 is in about 3 weeks. is this bad?

[bkfiler]

i believe that means the they want to be notified at a given address for any notices on your bk. its like someone registering their attorney to make sure they get the filings that take place. mostly a formality so the proper person can get the paperwork.

probably means nothing.

[Kam]

Ya, what Bkfiler said. Creditors file a Notice of Service so they are privy to all the mailings that go out regarding your case. Any correspondence you receive from the BK court (failure to pay your fee installments, failure to file material in a timely fashion, orders to dismiss your BK, etc) would also be mailed to any creditor who filed a notice. It's like they are keeping tabs on your case. I wouldn't worry about it personally.

[jal592]

thanks so much for the replies. i had to make a lot of amendments to my petition due to lawyer mistakes, she said this might raise a red flag , will the trustee be suspicious? it was totally the attorneys fault, she got both my income and my wifes wrong, even though they had copies of our paystubs. and also screwed up our expenses. we have $67 of income left every month, the lawyer said this wont put me in a chapter 13, should i worry about it?. i just wanted to get someone elses opinion, everyone here is very helpful.

[bkfiler]

well since every new correction makes the us trustee have to look at the name and maybe your case again then i too think it raises a flag. not sure if its a red one or not meaning maybe it will amount to nothing.

as for expenses, they are what they are. if they are provable and you were honest mostly then all should go well. the problem with having $67 after expenses is that it is close to $100 and that will cause the trustee to prob look at some expense, try to invalidate it or complain about it and then force you into a chap 13. they make money when this happens. its not fair.

what i never understood is why attorneys dont tell people this. you expenses should outweight you income by a couple hundred dollars (and i would submit to you that if they dont then you are not listing all of your expenses in detail imo) so that if and when the us trustee complains about one of them or so then you have others that will still cover the income.

does this mean it will happen to you? no. probabaly not.

but you must correctly list your expenses BEFORE the us trustee ever complains or it will be too late (or should i say have less impact since the us trustee will then go after every single expense item in deatail to do battle) to do it after because of your lack of credibility with the us trustee. doing it after the fact is not to your benefit, but if thats your only chance then you have no choice to do it.

this information is not just for you its for everyone filing. so dont be worried.

it amazes me that they really expect people in debt to honestly come up with expense lists that are accurate even though if we could do that then maybe we wouldnt be in bankruptcy court to begin with lol.

also, do they really really think that everyone decides to file at the point when their expenses outweight their income within $100? this is insane! (old law stuff - new laws are more stingent about expenses)

anyway, just some thoughts. not exactly worded the best way but you get the points (ahem, if you were not drinking and we all know how we are talking about dont we )

good luck to you