attorney duties

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CaseDriver will take the majority of the work and time commitment off of your desk.  However, your cases cannot progress without continued attention and responsiveness from you.

Below are a few important functions that must be performed in most of your cases.  CaseDriver does not perform these functions.  Your firm, or an outside provider may be necessary to assure your performance of these functions.

1. The need to mail out pleadings, notices and other documents to creditors and other parties may arise in your cases.  This is most prevalent in Chapter 13 cases.
2. CaseDriver does not print documents, load envelopes or post mailings.
3. When you receive an email from the court's ECF Noticing Center or you see a Certificate of Service filed in your cases for your own filings, you can choose to perform the mailing.
4. When your CaseDriver paralegal files a Certificate of Service, he or she will include a matrix with the filing.  You can view the full matrix and document filed using the Docket Tab.  
5. If you do not see the filing on the Docket Tab or the PDF link, contact CaseDriver Management right away.
6. CaseDriver strongly recommends you enroll with CertificateofService.com as you determine your role in performing these mailings.

1. Reaffirmation Agreements are handled by the Attorney.  The terms of a reaffirmation agreement may be subject to negotiation and the Attorney is central to this part of the case.    
2. In our experience, a phone call with the creditor will likely lead to better loan terms than the those proposed in the agreements. 
3. You will receive the email or physically mailed agreements from the creditors. 
4. You can refer to the filed Schedule I and Schedule J found on the Docket Tab in the case to immediately see the data you will enter into the agreement.
5. Ask the client to sign.  Usually you will find 3 places in the documents where the client must sign.  NOTE:  in most jurisdictions the client does not need to sign the Motion for Court Approval that is usually attached as the last page.  This document is for unrepresented debtors.  
6. You will need to sign the agreement in one or two locations.
7. Return the fully signed agreement to the creditor.  
8. Watch for the creditor to file the document to the case.
9. NOTE:  Your client may rescind the agreement within 60 days from the date the agreement is filed or before the date of discharge, whichever is later.  A notice of rescission must be filed.  
10. NOTE:  The bankruptcy code provides strict deadlines for filing reaffirmation agreements.  If the deadlines are not met, the creditor may have rights to repossess collateral without seeking relief from the automatic stay.  Generally, the document must be filed within 60 days of the first date for the 341 Meeting.  
11. The debtor must file a statement of intention within 30 days of the petition date or the date of the 341 Meeting, whichever is earlier.  They must perform the stated intention within 30 days of the first date set for the 341 Meeting or within 45 days if the debt is a PMSI.  
12. IMPORTANT:  Not adhering to these deadlines may result in a  creditor's lawful repossession even while the case is still pending and the stay is still in effect.

CaseDriver does not provide legal advice to your clients.  As a case progresses, your CaseDriver paralegal may be asked to give such advice.  CaseDriver will enter a task in the case asking you to provide this counsel.  Very specific instructions about how to use the CaseDriver platform to deliver legal counsel if provided on the Legal Analysis page in this guide.  

1. CaseDriver is programmed to read each docket entry made in your cases.  When CaseDriver discovers certain issues raised in these entries, you will find Red Flags appearing on the case.  
2. The Red Flags can be seen when you open the case.  Look immediately below the main large blue banner for the red section.
3. You can clear these out  by clicking on the Managed link to the right.  NOTE: Clearing out a Red Flag does not remove the docket entry or affect the case status or other data.  
4. The issues that may prompt a Red Flag include:  Motions to Dismiss; Orders to Show Cause; Objections to Confirmations; Objections to Exemptions;  Motions for Relief; and any entry stating the word "Deficiency".
5. A positive Red Flag may also appear announcing the Order Confirming a Chapter 13 Plan.

1. You will approve all filings to your client's cases.  Those filings may be made by you or by CaseDriver under your strict direction.  
2. The direction you provide may be delivered over the phone, in email, by text or through CaseDriver in the Tasks Tab.
3. Always look at the Dashboard in CaseDriver to see the Legal Analysis Panel for outstanding Tasks.  The tasks listed here will include Legal Analysis tasks and Approve Filing tasks.
4. To complete an Approve Filing task, open the case and then click on the Tasks tab.
5. Look at the tasks list at the bottom of the page.
6. Click on the pencil icon on the right side of the task row.  
7. Enter your comments in the Resolution field. 
8. Click on the PDF link to view the document pending filing.
9. Click on the dropdown under the Status column heading to change the task from "Pending" to "Complete".
10. Click on the calendar icon to enter the date of task completion.  

1. CaseDriver will provide multiple notices to your clients to take the second online course.  These notices encourage completion before the 341 Meeting.
2. The reminders will include the link you provide in your Profile along with a statement reminding the client if they use another provider their case may be closed without a discharge which may prompt additional attorney fees.  
3. CaseDriver requires that the provider you choose offer service to file the course certificate on your behalf. 
4. Except under unusual circumstances and agreement with you, CaseDriver does not file the second course certificate to the cases.

1. If Post-341 Directives given by a Chapter 7 Trustee are to repair deficiencies in the filings or document delivery performed by CaseDriver, we will manage these directives with no additional cost. 
2. If the Trustee is seeking additional documents not normally required of the clients or the Trustee is seeking turnover of property or turnover of tax returns, CaseDriver will not manage the client's compliance with the directive.  
3. Your role as the attorney governs many aspects of these types of directives as the trustee's demands invite legal analysis and counsel with the client.

1. If your agreed CaseDriver services include post-341 confirmation work, CaseDriver will manage the steps necessary to gain confirmation of your clients' Chapter 13 Plans.
2. After confirmation of a Chapter 13 plan, you will solely responsible to monitor the case docket and activity.   This will include monitoring and responding to motions to dismiss and motions for relief from the automatic stay.
3. Should additional motion work be needed in a post-confirmation Chapter 13 case, you may enlist the services of CaseDriver to manage the motion and your fee application.  Use the button below to schedule a conference with CaseDriver management to discuss your options.

1. CaseDriver's automated docketing and claims capture will save you hundreds of dollars per month.  
2. The ECF Emails and the associated documents are retained an organized with no additional cost to you.
3. Approximately 5% of the docket entries are sent by the courts are in a format that cannot be captured.  The CaseDriver staff will manually complete the docket entries and claims registers.  For this reason, you may incur small PACER fees each month on your personal ECF Account.
4. Additional small PACER fees may be incurred as docket reports are needed or creditor matrices must be saved in your cases.  This is more prevalent in Chapter 13 cases.