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Get Your Schedules Filed On Time

Posted on Apr 12, 2013 in Bankruptcy, Bankruptcy Information, Chapter 13, Chapter 7, Wisconsin

When a bankruptcy is filed, any schedules and statements that aren’t filed with the basic paperwork are due within 14 days from the case filing.  For almost everyone, that is plenty of time to gather paperwork, meet with an attorney, and get the rest of the documents in.  The Court may extend the deadline on a motion by the debtor under Rule 1007, but it doesn’t automatically have to grant it.  The Court needs “cause”.  One judge in the Eastern District of Wisconsin has strongly suggested he won’t grant “boilerplate” motions without support.

Judge Halfenger’s decision in the Brown case expressed frustration when the motion simply stated the debtor was “gathering documentation”.  There was no affidavit or explanation why the motion was filed on the very last day with no affidavit or support.  In plain English, explain why 14 days is not enough, or the Judge may simply say it’s too late and dismiss the case for failure to file required documents.

Don’t let your case get dismissed.  File your schedules on time or have a very good reason why not.  Speak to a Lakelaw attorney to determine what falls under “cause” to extend the time frame.


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