Don't want to be a nag...

[lolly78]

Hi Folks,

I paid my attorney for my 13 back on 1-7. My original paperwork indicated that once I paid, we'd be contacted in 10 business days to sign the paperwork. I called last week and the paralegal indicated that she had entered all my data into the software and was waiting on approval from the attorney. I don't want to be a nag, but I have missed my first 2nd mortgage payment (it's being stripped), all my credit cards are behind and I am so frustrated with all the creditors calling my home, cell and work! How long does it typically take to file once the attorney is paid?

[LadyInTheRed]

It varies by firm. If they told you 10 days from the date you pay, they should keep pretty close to that. I don't think you'd be nagging to call again. Just be nice and say you were calling for an update on the status of your petition. If it isn't ready, ask when it will be ready. If you don't get filed before the end of the month, the six month income lookback will shift forward a month and they will have to add your January income. So, I'd think they'd want to finish up this week. In a busy firm, if there isn't a real deadline, the squeaky wheel really does get the grease. Take it from a busy paralegal with very few real deadlines. [By "real" deadline, I mean a deadline set by contract or law].

[RunningMan]

I had a court appearance schedule with a creditor that already had a judgement against me. They wanted information on my assets. My attorney told me at the first visit that he could file within a week if he had to. I paid him a full month before my court date and provided all the information he requested that week. I definately nagged him. He ended up filing the day before my court appearance. He contacted the creditor with the case number and they cancelled the court date that day. It was a little close for my nerves, but it all worked out.

[LadyInTheRed]

After about 20 years of working with attorneys, I've come to the conclusion that there must be secret class in law school called "Deadlines 101: Always Come as Close as Possible Without Missing them."

[free2breathe]

After about 20 years of working with attorneys, I've come to the conclusion that there must be secret class in law school called "Deadlines 101: Always Come as Close as Possible Without Missing them."

LOL Lady! That is too funny.

[AngelinaCat]

After about 20 years of working with attorneys, I've come to the conclusion that there must be secret class in law school called "Deadlines 101: Always Come as Close as Possible Without Missing them."

Unfortunately I have seen that happen all too often. If you have a deadline of 8:00 AM Monday morning, I guarantee you that the attorney will not be working on your case until Sunday evening and in to the wee hours of Monday morning.

To the OP: Yes, you MUST nag. We retained our attorney August 2006, and paid her in full January 2007. Because of a yearly stipend that we get from a trust in January, we had to wait until at least July 2007 to file. So that was no problem. But after that, the attorney dragged her feet until the last business day of the year, December 28, 2007 when we stood in her office and INSISTED that she file our case, and it was an emergency petition at that. We had to come back in 15 days to finish the rest of it. If we had not stuck to our guns, I don't believe she would have filed yet.

[momofthree]

If you tell all your creditors that you're filing bk and have retained an attorney, they will stop calling you.

[woeisme]

yes, give your creditors your attorney's phone number and tell them to contact them!

[Flamingo]

BK attorneys are overwhelmed with filings and unless yours is a 3 alarm fire emergency, it will get done in the usual course of events for a non-emergency filing and it doesn't hurt to "nag" if you have issues/questions with any delay. As noted above, once you have retained an attorney, for any creditor that contacts or calls you, provide the attorney's contact information to them and tell them to contact your attorney. It will not stop them from calling altogether inasmuch as they need to have your case number to actually stop all the calls as that is proof you have filed but once they realize you have retained an attorney, it should slow up and they will not their records.

[lolly78]

Thanks everyone, I did call today and the paralegal really sounded like I was bothering her at first! She gave me the exact same statement she gave me last week so I told her I'd really like to know when they expect to have something for me to sign. She figured out I wasn't getting off the phone until she told me something so she said she'd check with the attorney and give me a call back before the end of the day. She called back in 15 minutes and said that my paperwork would be sent out tomorrow!