Amendments...

[apie1]

What is the name of your state? IL

What does it mean to amend a schedule? My cousin filed a ch 7 no asset under the old law and her mom took her off her account due to it not being her account and not contributing to the account. Her mom took her off the account probably about a week before filing. She had the 341 meeting, this was never brought up due to her mom taking her off her account, I know my cousin enough to know that she just forgot about it not realizing even though she was off of it, she still needed to have it on the petition. no asset case under pacer, whole nine yards. Now in the mail she recieved a letter of amendment of schedule from her lawyer stating to make sure question 11 was true, that she was a joint person on her moms account and that she was taken off on the listed date and to sign it and return it back to the lawyer. Now my cousin being freaked out with the whole situation called up the lawyer and the lawyer stated that she needed to make sure it was all correct that it is not big problem and not to worry, but it would be a problem if it is not disclosed...what does this all mean? Could this error dismiss her case? Could she go to jail? Her mom has no more than $4,000 in her account and thats the most her mom has ever had. It sounds more like just a correction to be made, but wanted to make sure what others thought...thank for any input you might have.

 

[Ladynred]

Could this error dismiss her case?

Highly unlikely. If her lawyer is telling her its no big deal, what's the freak out for ?? Just fix it and re-submit the affected schedule. You wan to be completely up front about everything and that's what her lawyer is telling her to do.

Could she go to jail?

Over this ? No.

Like I said before, if your cousin never contributed ANY funds to her mother's accoun then she has nothing to worry about. There is no intent to defraud here.

 

[apie1]

thanks ladynred. I believe she is just freaked out to the fact that the trustee found it to be a no asset case the same day she had her 341 meeting, but i know that my cousin was so nervous that she didnt even notice that the joint account was not on her paperwork at the 341 meeting and just was so focused on answering the trustees questions. I told her that it seems as if they are giving you an opportunity to fix it, I am I right on that? Thinking about it, I would assume that the trustee is requesting that from the lawyer right? I can't imagine the lawyer remebering to fix something like that with all the other cases he has unless the trustee was requesting it...

 

[apie1]

Is It Final???

My cousin's last amended her schedule on the 22nd and since then the only new filing was on the 4th for a reaffirmation agreement. Her deadline to objection of creditors is as of today. At this point is she done? Does she have to worry about waiting till midnight for someone to file or would they have filed it already sometime today? and with this deadline happening, does that apply to the trustee as well or can the trustee still do something even though the deadline was today? As always, any info will be appreciated

 

[Ladynred]

Once the deadline passes that's pretty much it. The Trustee COULD file to extend the deadline but that probably won't happen either unless there was something seriously fishy with the case.

 

[apie1]

thanks...now how long does she have to wait till she recieves her discharge paper and how long in the pacer will it post?

 

[Ladynred]

There is just no definitive answer for that. A lot depends on how backed up the courts and Trustees are. It could take a week, it could take more.