messed up...Please help with feedback...

[c24h44o22]

I have a lawyer who filed my bankruptcy for me. It has already been filed and I need an amendment made to it. She told me that it would cost me an extra fee to file the amendment, because the legal plan that I have that is paying for the legal services for my bankruptcy, apparently does not cover amendments. I don't have enough money to cover the fee she wants for the amendment, is there a way for me to file the amendment myself???

Please help. I don't know what to do. Should I leave it as is, and answer the information when the trustee asks, or should it be fixed now?

[LimpDisc]

What kind of error needs to be amended?

[c24h44o22]

I didn't list a gift I received from my dad and an early withdrawal from my retirement fund down as income.

[Dannmcg357]

In Alabama it costs $26 to ammend a filing, what is your attorny asking? How much time has pasted from the time you made the 401k withdrawal to the date you filed? Also what is the value of the gift?

[c24h44o22]

In Alabama it costs $26 to ammend a filing, what is your attorny asking? How much time has pasted from the time you made the 401k withdrawal to the date you filed? Also what is the value of the gift?

She's asking for $187.50 and hour x 3 hours = $562.50
The withdrawal ($2097)was made in September 2009. Papers filed on 02/07/10.
The gift from my dad was $1000

[Dannmcg357]

Others may disagree, and it may be different in different districts, but I wouldn't worry about a 2K withdrawal over 6 mo. prior to filing. Same goes for the gift. I am sure you can file the ammendment yourself. Some one more savvy could advise you how.
Good luck, and I don't think that is much to fret over really.

[AngelinaCat]

The court filing fee is $26.00 one time for ammending whether it is one ammendement or a dozen. Your attorney is looking to make extra money off you.

You may be facing an income tax penalty for withdrawing the money from your retirement account. Are you aware of that?

[c24h44o22]

Others may disagree, and it may be different in different districts, but I wouldn't worry about a 2K withdrawal over 6 mo. prior to filing. Same goes for the gift. I am sure you can file the ammendment yourself. Some one more savvy could advise you how.
Good luck, and I don't think that is much to fret over really.

Thank you for some reassurance about my concerns. I guess I just really didn't want to leave anything out that the trustee may question which would cause a dismissal.

[c24h44o22]

The court filing fee is $26.00 one time for ammending whether it is one ammendement or a dozen. Your attorney is looking to make extra money off you.

You may be facing an income tax penalty for withdrawing the money from your retirement account. Are you aware of that?

I'm sure the attorney is just charging me what she usually charges other clients. I just thought my legal plan covered everything. But, I was wrong and I guess I should have asked more questions.

I talked to her again and she dropped down the price for me as a courtesy. And reminded me that I am very lucky that my legal plan helps to cover the costs for getting the petitions ready, etc. However, I should not abuse the time that the lawyer is assigned to me. And that I should be more considerate in the future.

Yes, I now there's a tax penalty for the withdrawal, I've already put it on my tax return. Thanks for making sure that I knew that, I appreciate.

[backtoschool]

Your attorney is charging way too much for the amendment.

The gift should show up as a deposit in your bank statements that you give the trustee, and if the trustee is interested in discussing that, it will come up at the 341. No amendment should be necessary since it was a one time gift and not regular income.

The 401k withdrawal happened at month 5 of the six month look back period and so technically should be included in your income. Are you over the median income for your district, or close to the median?

I would file the amendments yourself.

[c24h44o22]

Your attorney is charging way too much for the amendment.

The gift should show up as a deposit in your bank statements that you give the trustee, and if the trustee is interested in discussing that, it will come up at the 341. No amendment should be necessary since it was a one time gift and not regular income.

The 401k withdrawal happened at month 5 of the six month look back period and so technically should be included in your income. Are you over the median income for your district, or close to the median?

I would file the amendments yourself.

The withdrawal wouldn't put me over the median income. She stated she would have to amend the means test and statement of financial affairs, in addition, I guess she was also keeping track of how we've emailed back and forth.

Would it be bad to do the amendment my self? or should I just let her finish taking care of it? So far, out of pocket I've only had to pay the filing fee. All other fees were covered by my legal plan.

Do you think if I ask her not to do the amendment it would be an issue? Would she be thinking that I am incorrecting stating my info?

[AngelinaCat]

Well, you are put under oath at your 341 that everything you are stating is the truth. When the trustee asks if everything on your petition is correct, you will have to answer whether it is or isn't. If the matter hasn't been fixed by then, the trustee will ask what needs to be changed. Tell him/her, and let him/her advise you what to do.

[c24h44o22]

Thanks everyone for the feedback. My lawyer just sent me an email and let me know that she'll make the changes and file an amendment for me and would not charge me the additional fees.

[justbroke]

I am glad you were persistent! Because this amendment was related to your income, I was concerned that it could affect your case, and would have instructed you to do just what you did... go back to your attorney and beg! Hopefully everything works out well, and perhaps the attorney figured that it was something s/he overlooked anyhow.

Best wishes.

[OhioFiler]

I'm sure the attorney is just charging me what she usually charges other clients. I just thought my legal plan covered everything. But, I was wrong and I guess I should have asked more questions.

I talked to her again and she dropped down the price for me as a courtesy. And reminded me that I am very lucky that my legal plan helps to cover the costs for getting the petitions ready, etc. However, I should not abuse the time that the lawyer is assigned to me. And that I should be more considerate in the future.

Yes, I now there's a tax penalty for the withdrawal, I've already put it on my tax return. Thanks for making sure that I knew that, I appreciate.

She thinks you're lucky? She's a bit upside down on her thinking. You are the client. She should feel lucky you chose her. If anyone needs to be more considerate in the future it is she.