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  #1  
Old 02-17-2005, 03:06 PM
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Join Date: Jul 2004
Posts: 26

Brief Filed is Wrong!

What is the name of your state?PA Brief filed by lawyer in husband's Chapter 7 case is wrong. Just received a copy today (Thursday) and called the office right away. Was told that the lawyer is on vacation for the next 10 days and the brief was electronically filed on Monday. The calculations are wrong (or maybe typos) and he ended up stating my husband has over $100 more in disposable income than he really does. What happens now? The receptionist was no help at all. Is it too late to do anything when the lawyer returns? The judge will make a decision within 30 days.
  #2  
Old 02-18-2005, 08:22 PM
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Location: Nashville,TN
Posts: 15,706
Brief ? Are you sure you're not referring to your schedules ?? Schedules can be ammended to correct errors.
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"Knowledge is Power - use it as you see fit !

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  #3  
Old 02-20-2005, 03:46 PM
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To Ladynred

Yes -- I mean "brief". My husband has spent over a year on Chapter 7. You might remember my previous thread that stated the trustee wanted tax returns as far back as 1995! We had to go through depositions and then a hearing for dismissal before a judge. The trustee is out for blood! The judge then asked for briefs from both the trustee and my husband's lawyer. Trustee went first and then the lawyer had to respond. But the lawyer's response quotes the wrong dollar amounts. The lawyer is on vacation this week. Can he turn in an errata sheet when he returns? His figures included overtime my husband had gotten that particular paycheck. He does not get overtime on a regular basis.
  #4  
Old 02-21-2005, 05:56 PM
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Join Date: Feb 2002
Location: Nashville,TN
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Ok, now I remember your situation.

Any idea why the lawyer used the paycheck with the OT in it for his figures ?
I don't know that you can amend a brief, but there should be time once your lawyer returns and before the judge's decision is made.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 02-22-2005, 08:43 AM
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Join Date: Jul 2004
Posts: 26
The trustee had asked for a paystub 6 months out from filing the Chapter 7. It just so happens that particular paystub was for the first week in July which included some overtime due to the 4th of July holiday -- several people on vacation and the boss offered overtime. That was explained during the hearing. Regardless, the trustee took THAT paystub, annualized it, and said that is what my husband makes. In our lawyer's brief, he mentions that it included overtime, but later on has to give a scenario of a Chapter 13 repayment plan and he INCLUDES the overtime in the monthly repayment plan. My husband simply doesn't have that much each month to give.

Obviously, my husband doesn't want his Chapter 7 dismissed and forced into a Chapter 13 based on wrong information.
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