It Went Bad After 341 Hearing

[ValleYum]

Curiosity begs me to ask... how do the "wet" signatures get to the bankruptcy court?

I looked on the copy of our petition on pacer and it just shows: /s/ Valleyum


I also wonder if the paralegal could have hit the send (electronic filing) button in error on the OP's case and it just got sent so then they played the 'correction by amendment' game albeit poorly...

And, yes, curiousity *did* kill the cat - but oh, the satisfaction brought him back!!

[AngelinaCat]

And, yes, curiousity *did* kill the cat - but oh, the satisfaction brought him back!!

Respectfully stated.......... Meaowwwwwwwwwwww!!!

[despritfreya]

Curiosity begs me to ask... how do the "wet" signatures get to the bankruptcy court? I looked on the copy of our petition on pacer and it just shows: /s/ Valleyum

If you are represented by counsel your original signatures are held in the attny's file. The only "original" signatures filed with the Court are the ones for the Declaration of SS# and the Declaration of Electronic Filing.

Des.

[ValleYum]

Respectfully stated.......... Meaowwwwwwwwwwww!!!

LOL

If you are represented by counsel your original signatures are held in the attny's file. The only "original" signatures filed with the Court are the ones for the Declaration of SS# and the Declaration of Electronic Filing.

Des.

Thanks Des, I appreciate the answer!! So if those signatures you mentioned above were not timely filed with the court there would have been a deficiency notice filed in PACER and sent to the OP via snail mail I would imagine.

[MarkCantaur]

I'm confused. I thought if I signed my document and then the lawyer uploaded it to the court that was it. I signed it. But the OP says he or she did not sign their documents before the paralegal uploaded it. So if that's the case, is the filing valid or not?

[justbroke]

Exactly MarkCantaur. This is probably why, when the Trustee asked "did you sign the petition?" the debtor answered, "no!" This would certainly be trouble, trouble, trouble. The debtor may have signed at least a fee agreement with the attorney, but if the signature was never captured, this could be part of the problem the debtor's attorney is having with the Trustee.

[Needhelpfast]

I hope this works out for you.

Thanks jetsfan2010!

[Needhelpfast]

Ok, I have a real problem with this thread. If OP was a "victim" of a bad attorney then OP is not the one to be "fined". Sounds like the attny agreed to disgorge his fees ($5,000) to the Trustee for some reason. But OP, without a Court Order or some stipulation between the parties after an investigation as to what transpired, should not be paying anything. Something is not right here. A Trustee does not impose a fine. Only the Judge has that authority. A Trustee compromises a dispute and enters into a Court approved settlement. We are not getting the whole story.

Des.

Yes, these are the fees. If you would like to see a copy of the email between the attorney and the trustee, let me know and I'll email it to you.

[Needhelpfast]

Plain and simple, this guy is playing our Forum for sucker.

I'm not here to waste my own time and everyone else's time. I'm just here to get knowledgeable guidance from most of the nice people on this forum.

[Needhelpfast]

I agree. The trustee is not a sovereign entity in and of itself. The trustee must file a motion with the court requesting that the judge penalize the debtor for "abuse".

Also, I have never heard of attorney's fees of $5k for a Chapter 7. Even the most expensive attorneys I visited were charging $2500-$3k to file a Chapter 7, and that was including the court costs and debtor's education online class.

I could have gotten a Ch. 7 filed for $2k all-inclusive--by a well-regarded attorney here--but I changed my mind and decided not to file at that time.

Before you make your comments, read my post, the fee was actually for foreclosure defense. This is the average going rate in California for foreclosure defense. This is just the retainer fee. There are additional monthly fees. The Ch 7 rate was included.

[Needhelpfast]

What would the purpose be for doing this? Bored on a Saturday night? I don't understand people sometimes!

Get a life, I'm not the one posting on a Saturday night, but YOU are, so that means you are bored. Have a nice night. LOL.

[Needhelpfast]

mountanddo, when people don't understand something or there's no one to explain it to them, they will make up their own reasons to try to grasp what's going on. Des is very respected here, and is an attorney. We don't understand "how" the Trustee can fine you personally since the Trustee has absolutely no power on this planet to impose any fine. The Trustee is not "The Court" and can only do things by agreement. Even with those agreements, it must still be signed off by a judge!

In any event, the fees appear high and is also appears that the attorney didn't earn his/her fees. That the Trustee is seeking to have the attorney's fees disgorged, means a lot.

Thanks justbroke for all your feedback and comments, they have been very helpful. Yes that is the fee and that was the lowest one. I guess I got what I paid for. I can't wait to hear more of your comments and everyone else's.

[Needhelpfast]

Curiosity begs me to ask... how do the "wet" signatures get to the bankruptcy court?

I looked on the copy of our petition on pacer and it just shows: /s/ Valleyum


I also wonder if the paralegal could have hit the send (electronic filing) button in error on the OP's case and it just got sent so then they played the 'correction by amendment' game albeit poorly...

And, yes, curiousity *did* kill the cat - but oh, the satisfaction brought him back!!

Yes I know, I like your comment about them hitting the wrong button.

[TBA]

But you never answered the question did you? Did you say NO to the trustee when he/she asked if you signed the documents? If so, why are you being fined? I am so confused still.

[despritfreya]

So if those signatures you mentioned above were not timely filed with the court there would have been a deficiency notice filed in PACER and sent to the OP via snail mail I would imagine.

Not only that. . . the case would have been dismissed as you only have 5 days (I think - it use to be 3) to file the SS statement and, I believe 14 days (I think - it use to be 7) to file the Electronic Declaration. We meet with the client to sign and file both the day after the case is filed so we never have to deal with the deadlines.

Des.