Ammendment Dilemna

[justbroke]

Now I am sufficiently confused! So, now I know that you're certainly confused and concerned! I thought by "not listed" it was not listed at all in the petition. You can't get rid of a second lien just because you forgot to list it or listed it incorrectly on the petition.

The only thing that I hope at this point is that the errors are "inconsequential" and that, although there were mistakes on the part of the attorney, you case discharges without delay and you don't have any asset issues.

[InOverHead]

Thanks JustBroke. Yeah the whole thing is a disaster thus far, my hope is the same, that the errors are inconsequential and i get out alive.

I have yet to sign the ammendment. I was hoping someone could help to clear up, what seems to be a this point, the last item to adress. However, that last item is HUGE in the grand scheme of things and a big part of the overall BK..
How to list the 2nd MTG? I do not understand either why the past due balance is listed with unsecured creditors. It seems it should be listed as part of the "statement of intentions". But becuase i no longer intend to pay, "Retain and pay" does not make sense.

I just need to know ASAP if not listing it at all like he has is a mistake, or should he at least just list it and put surrender?

Thanks for any input everyone. And Thanks again JB for paying attention to this thread!

[justbroke]

If the attorney has it as an unsecured debt on Schedule F (which is arguable) but doesn't mention your intentions on the Statement of Intentions (SofI)... it doesn't "really" affect your discharge. Not listing on the SofI just means that after 45 days, it's automatically no longer protected by the automatic stay since the default intention is "surrender". I don't see that as "consequential" at all. It could be a strategy that your attorney always uses.

[BKAttyMI]

Oye, this attorney has NO IDEA what he is doing. You need to contact him and tell him he needs to bring in other counsel on this case if he wants to avoid getting a big fat bar complaint from you.

EVERY creditor, mortgage, credit card, aunt susie, etc. MUST be listed in your schedules by law and notified of the bankruptcy filing. Theoretically, if they are not listed, they are discharged, however, you MUST use your "best efforts" to list all known creditors. If you know you owe someone money, they must be listed.