Legal Question in Bankruptcy in Missouri

I have an attorney and I'm filing chap 7 bankruptcy. We have had the meeting of the creditors, and our deadline to get the 2nd and final debtor class filed with the court is today, Nov. 28th, 2009. I am worried because I sent an email with the certificates that need to be filed to my lawyer on Monday the 23rd, then sent him an email on Tues the 24th, forwarding the certificates again. Then I sent another email on Wed the 25th, asking him to let me know if he got them. He sent nothing back to me. I would have called the office, but in the past the only way I could get a response from him, or the office was to email them. They don't usually return the phone calls left on the the answering machine. I am very worried that he didn't see my emails, and didn't file my debtor course certificates with the courts. Is there anything that I can try to do to make sure that I don't suffer the consequences of not getting these filed on time??? Will I be responsible to pay another filing fee if he didn't do this??? If he didn't file them, but I held up my end of the bargain in taking them before the deadline, will I be responsible for the consequenses??? Please advise. Thank you.


Asked on 11/28/09, 4:28 pm

1 Answer from Attorneys
Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

It's now December 4, so I'm assuming that you know by now if he did or did not.

But---did you sign a Form 23? Basically it says that you completed your required personal financial management course. After this form is signed, both it and the certificate are then filed with the court. No, I have no idea why the court thinks it's necessary to have both. Yes, it does seem redundant.

In the future, it is always possible to call the clerk's office. The clerks are prohibited from giving legal advice, but all you want to know is whether or not a document has been filed. Have your case number handy.

Let me know how this is progressing. And when I send a client an email, I always send myself a copy. That way I have a record proving that I actually sent it.

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Answered on 12/04/09, 3:42 pm


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