How Much Time Did Your Attorney Take?

[bcvw]

For those of you who filed CH13, how long did it take for your attorney to prepare everything to the point of being ready for signatures and filing?

I ask because I want to pull the trigger on 10/1 and file. I want to get my attorney updated budget numbers (I got a $3K/yr raise in July) since our meeting on July 1. I'll ask him how much time he needs, but would like a frame of reference.

[becky20]

I think that when I gave all the paperwork to my attorney and had a meeting with her to discuss the budget, it took her 2 weeks for her to get me the numbers (what my payment would be) and then I had to go back in and sign the payment plan form, and then it only took a few days for her to file, and she was waiting on me to dwindle my bank account to less than $300.

[woeisme]

After I sent in my paperwork (and final fee payment) I had to schedule a meeting, which took over an hour since she prepared the documents then and there, and she filed the next morning (only because it was so late in the afternoon she couldn't file that same day.)

[bcvw]

I checked in with the attorney at the beginning of the month to see what he needed from me in order to file 10/1. Based on what he said, I gave his office an updated creditor matrix, recent pay stubs, and a more firm budget. There was going to be no problem making the filing on time. He said I'd have a payment plan outlined a week before.

Not having heard a peep from them since, I called yesterday to see if we were still on course. I was told that they were running "about a week behind". I pushed for answers and didn't come away with a good feeling that we'd even hit the second week of October. I'm not even sure he recalls I gave him updated docs after he said he'd have to make a note to look for them.

Keep in mind they've only had my case since the first of July. Surely they could have started the bulk of the prep work in that timeframe.

[oldrocker]

In the grand scheme of things there is on difference in filing 10/1 or filing 10/31. He's probably overwhelmed or slack, or both.

[AngelinaCat]

We hired our attorney August 2006. We knew there would be some prep time, plus we would have to wait until July 1, 2007 to file, to allow a yearly stipend we get in January to roll out of the picture. But for the rest, we had to push, nag and INSIST that she file by December 28, 2007, or we would have to wait until July 1, again!

She is supposed to be a 'good' attorney, but for us, was totally incompetent and non-communicative.

Good luck.

[NowImDownInIt]

My attorney filed the day I came in and two weeks from that day we filed the schedules and everything.

[justbroke]

In the grand scheme of things there is on difference in filing 10/1 or filing 10/31. He's probably overwhelmed or slack, or both.

Depending on your District, it can make a difference. In our District, the first payment due to the Trustee is anywhere from 28-45 days from your filing date. Actually, they base it on when you filed the plan, and sometimes, it could be 28 days.

Sometimes, the timing is everything. I timed mine so that I could file (without my Plan) to stop a foreclosure, then filed the Plan on the 15th day (the maximum time allowed) in Person. That extended my first payment to the trustee to the 28th of the month. Otherwise, had I filed the Plan with the Petition, my first payment would have been due on the 14th of the month.

The Clerk of the Court told me that many filings are done the last week of the month... as a planning measure.

[oldrocker]

I gotcha there justbroke, I see your point about timing to stop something like a foreclosure. In our district filing anytime in Oct. would mean the first payment would be on Nov. 1st.

[justbroke]

I gotcha there justbroke, I see your point about timing to stop something like a foreclosure. In our district filing anytime in Oct. would mean the first payment would be on Nov. 1st.

For the life of me, I still can't understand why some things aren't consistent between Districts. Sure there is underlying State bankruptcy law and non-bankruptcy law, but some things just don't make sense to me!

Nice to learn more about other Districts' practices.

[bcvw]

Well here it is, almost two weeks past our intended filing date and my attorney still has not come through. I waited to contact him again as he said previously that he was running a week behind and I gave him the benefit of his word. When I spoke to him this time, he said he would call me at the end of last week with a firm date. At that time I told him that I was getting 5 to 6 calls a day at work and really wanted him to fulfill his obligation to me. He said that because creditors were calling at work, he'd move me up to the top of the cue. Hmmmm... Anyway, he didn't call me with a date.

I'm beginning to question my choice in attorneys now.

[justbroke]

May I make a suggestion?

When the creditors call your work or home, just give your Lawyer's Name and phone number and inform the creditor that you are in the process of filing. They should stop calling you, and then start pestering your lawyer! (That's what he's paid for.)

If you're not up for that... at least tell the creditor to STOP calling you at work. They must abide by that request as it's against teh FDCPA to call someone at work once the creditor has been told that they are not allowed to receive calls at work.

[bcvw]

We already do that, have been doing it since we retained the lawyer. The problem is that I initially told them we were filing 10/1 and since we are past that date, they are now starting to call again and I go through this all over again.

It will die down again, but it's just annoying.

[bcvw]

Weird. Not one call here at work today. Is Columbus Day a holiday for collections? lol

[justbroke]

Weird. Not one call here at work today. Is Columbus Day a holiday for collections? lol

Huh... is it a Holiday? I didn't even notice!