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PACER not showing post-filing course certificate filed

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    PACER not showing post-filing course certificate filed

    I was checking my case on PACER and noticed that this has not been filed (It is now about 3 weeks post-341.) I just sent an E-mail to my attorney asking him if he had received it, so I will wait for him to answer that (or get him on the phone to ask him point blank.)

    This makes me wonder why it has not been filed yet. If my attorney had received it, wouldn't he have properly filed it then? Is there some type of understood rule for him to not file it until some time after the filing or 341? Perhaps he did file it, but the panel trustee just has not posted it on PACER?

    If somehow the proper filing did not get done (i.e., the course instructor did not fax it, my attorney did not file it, or the panel trustee just did not enter it into the system), is there some way my case could fall through the cracks, as in "whoops, you didn't get this to my desk on time so the case is cancelled"? Or would the panel trustee (or perhaps the US Trustee, etc.) alert my attorney to get this done pronto (in which case my lawyer would tell me to get him the proper documentation, etc. - it had seemed that I had got a lot of last minute requests for documentation right before the 341.)

    I think I'm also going to call the course instructor directly and get some documentation just to cover my azz.

    #2
    You can't receiver your discharge until its filed. my attorney was very anal about getting it done right away so he could file it. perhaps he overlooked it but do get a hold of him right away to get it posted on pacer.
    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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      #3
      Originally posted by albacore44 View Post
      You can't receiver your discharge until its filed. my attorney was very anal about getting it done right away so he could file it. perhaps he overlooked it but do get a hold of him right away to get it posted on pacer.
      But at least I can't have the case be canceled, right? You seem to be saying that the worst that can happen is that case won't be discharged until the trustee gets that document filed. Around the time I should be getting my discharge, my attorney should get some type of notification that he has not filed that document.

      Around the time of the 341, he did remind me to send him over the documentation, which I did a few days later (at least I told the course manager to fax it to him, who knows if it actually got done, or that it did get faxed, and somehow the secretary didn't get it to him, etc.)

      Well, I'm going to keep pestering my attorney until he can tell me straight up that he either received the document or he didn't.

      Comment


        #4
        if the certificate gets filed after the deadline, which i believe is 45 days from the 341, then your case might be closed without discharge. pester, pester, pester. this is something the lawyer's secretary could do, btw, so you don't necessarily have to pester the lawyer directly, you could get on the secretary's case by calling the office.

        don't wait for your lawyer to find out from the court; if your case gets closed without discharge you will have to pay a fee to reopen your case, and extend your hassle. so don't wait!
        filed ch7 May 09
        341 june 09
        discharged, closed Aug 09

        Comment


          #5
          I agree with music...45 day deadline. You don't even have to wait for the lawyer's office to take care of it. Contact the course provider, get the certificate and file it with your court (check with your jurisdiction, as mine had a local form cover sheet that needed to be submitted with the certificate). Don't stress and don't procrastinate about something that is simple to fix but important to have on file!
          Filed Chapter 7 pro se: 1/12/10 341 held: 2/16/10 Discharged and Closed: 4/20/10
          Stopped Mortgage Pymts: 5/1/10 Moving to Rental: 7/2/10. Hoping Wells Fargo forecloses in 6 months tops

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            #6
            Our attorney was quite anal about this too. We had ours done before we even went to the 341!
            Filed Ch.7 on 03/17
            Statement of Presumed abuse filed 707(b) 05/03
            Statement of Non-Abuse filed!!
            Discharged 06/23/10

            Comment


              #7
              i don't know if you should file it yourself. try to get your lawyer or lawyer's secretary to do it. if the deadline comes closer and they haven't yet, file yourself as a last resort.
              filed ch7 May 09
              341 june 09
              discharged, closed Aug 09

              Comment

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