Down to the Wire!!

[abouttofile]

I desperately need help and hope someone will please have an answer to this complicated question. I don't know what the standard amount of time it takes for a lawyer to file a ch 13 but I paid my retainer around Dec 4th and my case still isn't filed as of today.
I live in NY and when I "purchased/leased" my car it was what GM called a "smart buy" because leasing wasn't completely legal in NY at the time. So basically it was a purchase with 48 payments and a 49th that was the balance ($10000). This balloon payment is due Apr 9th.
My lawyer (in dec) recommended that we include the car in my filing since it would be unlikely I would get a loan from anyone during bankruptcy. Well as I stated in the beginning today is Apr 1st and my case still isn't filed. I've contacted my atty and no one calls me back. I don't know if I can legally keep this car past the 9th. Or if it will be repo'd. Should I talk to a GM dealer? I have more problems I'll put in another thread but I'm desperate for some help!

[EricaCallaha]

Go sit at your attorney's office and find out why you haven't filed. Have you turned in all of your paperwork to him/her? That could be a hold up. We retained counsel on November 18th and had all paperwork to them by the 22nd to process. We filed on December 24th.

If GM wants the car back, you can be sure that they will come knocking. But you need to file ASAP so you can get and automatic stay so they can't repo the car.

Good Luck.

[justbroke]

You have some time. I don't think they'll show up on April 10th, looking for the car.

Okay, that aside, just what is your lawyer waiting for? Christmas? I would get with your lawyer and be more firm about filing.

Did you pay a retainer? Was it for the entire filing? Does this lawyer do Bankruptcy as his/her sole practice area, or is this just a family lawyer who happens to do a Bankruptcy or two now and then?

You don't need to talk to GM. Once you get filed, the automatic stay comes down like an iron curtain. However, you'll need to know what your disposition will be.

That is, do you want to keep that car? Are you really upside down on it? Etc, etc.

[abouttofile]

thanks for the replies

I submitted all my paperwork on Dec 4th ish. I then resubmitted some about a month ago (more paystubs since so much time had passed as well as my tax return) I've paid the retainer and filing fees (dec also). I think their office is overwhelmed but this is ridiculous my credit wasn't too bad until they told me to stop paying my unsecureds in December now there's no turning back.

[BankruptinNC]

I must agree with Justbroke -- go to the attorney's office and demand answers. If he can't give you any, request a refund and find a new attorney ASAP. Good luck!!!

[StartingOver08]

I submitted all my paperwork on Dec 4th ish. I then resubmitted some about a month ago (more paystubs since so much time had passed as well as my tax return) I've paid the retainer and filing fees (dec also). I think their office is overwhelmed but this is ridiculous my credit wasn't too bad until they told me to stop paying my unsecureds in December now there's no turning back.

Wow, I see another issue. Its been all of Dec, Jan, Feb and Mar and the OP has not supplied any updated paperwork except the paystubs. So really the OP needs to update all of the required paperwork - wouldn't the debt amounts change etc?

OP, I would be concerned about using this attorney. 4 months to file is a long time - too long. Is your filing very complex?

[abouttofile]

i don't know

I don't think my case is complex. I have a mortgage (plan to keep house), unsecured credit cards, car and student loans. I knew it was taking too long, part of me wants to scrap the whole thing and let the creditors come after me one at a time while I pay done what I can but I'm sure that will be a worse scenario.

[EricaCallaha]

Stick with your original plan. You are trying to dig out of a financial hole....not dig deeper. Go sit in his lobby until you have some answers. He should have had you filed by now. If he can't get it done, ask for a refund as they haven't shown that they have done anything so far, and go lawyer shopping again.

Good luck.