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We filed for Chapter 7 bankruptcy and my attorney didn't include addresses of the IRS, and State of CA, which I asked him to do

Asked over 2 years ago - Gilroy, CA

Bankruptcy Chapter 7 Bankruptcy Filing for Bankruptcy

Now, the day before our 341 meeting I received an Order and Notice providing for automatic dismissal upon failure to file a statement of the monthly net income for the Means test. My attorney will not respond to our emails and voice messages. What do I do now? Also, our rental is in foreclosure, and we're behind 30 days on our primary residence. Do we keep paying our mortgage or do we need court approval to reaffirm this debt?

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Attorney answers (1)

Robert W. Kovacs Jr.

Reputation Level 14

Answered over 2 years ago. Bankruptcy Attorney in Worcester, MA.

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In answer to your first questions about the IRS and State Taxing Authority; they receive notice whether or not listed in your bankruptcy filing. Look on the Certificate of Service for the Notice of Bankruptcy ad you will see their name listed.

The bigger issue is the dismissal. Your bankruptcy filing has to include A LOT of paper work, and it seems as though not all the proper paper work has been filed with the Court, if the documents are not filed then, yes the Court will dismiss your case.

Try to call your lawyer again (today is a holiday so she is probably not in). Leave a message if she does not respond to you quickly then call the bar association and see if they can get your lawyer to call you.

Also, there are sometimes good, legal, and valid reasons for delaying filing these documents so this may be a strategic move on your attorney’s part. And then again it may not be.

Good luck.

Robert Kovacs

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