Bugging the attorney

[gophermn]

Hi all, I want to know how often you communicated with your attorney when you first met with them? Was it once a week, two weeks??

I had my initial consult and paid in full 10/19/07.
No filing as of yet.

I am however filing myself and a business I owned which only had one credit card associated to the business (LLC).

Do you think because of the business and my almost $60K of debt that is the reason why my attorney hasn't filed? Just wondering if I should be checking in as its been almost 60days and no file!

[sickandtired8]

Hi all, I want to know how often you communicated with your attorney when you first met with them? Was it once a week, two weeks??

I had my initial consult and paid in full 10/19/07.
No filing as of yet.

I am however filing myself and a business I owned which only had one credit card associated to the business (LLC).

Do you think because of the business and my almost $60K of debt that is the reason why my attorney hasn't filed? Just wondering if I should be checking in as its been almost 60days and no file!

I would have called a long time ago! Let us know what he is doing and that he hasnt skipped town. S&T

[ohwell]

we had a scheduled deadline our atty wanted us to file. we knew exactly when the papers were going to be filed...

[gophermn]

Uggh, left a msg tonight (12/12) so I will check back Friday to see why they are as slow as molasses on a winter night in Minnesota (SIGH).

[WantToBeDebtFre]

My attorney filed the same day I gave him the paperwork. I'd be bugging him everyday if you've given him everything he needs to file.
Good Luck!

[PaKettle]

Hi all, I want to know how often you communicated with your attorney when you first met with them? Was it once a week, two weeks??

I had my initial consult and paid in full 10/19/07.
No filing as of yet.

I am however filing myself and a business I owned which only had one credit card associated to the business (LLC).

Do you think because of the business and my almost $60K of debt that is the reason why my attorney hasn't filed? Just wondering if I should be checking in as its been almost 60days and no file!

Unless there's a good reason (like mine wanted me to wait in order for the balance transfers to be a little older) he is just neglecting you. I'd be calling and politely asking why he hasn't filed. If he has no reason, then I'd insist he do so ASAP!

[Bankruptcy Atty]

Hey Is A Lazy Ass

Hi all, I want to know how often you communicated with your attorney when you first met with them? Was it once a week, two weeks??

I had my initial consult and paid in full 10/19/07.
No filing as of yet.

I am however filing myself and a business I owned which only had one credit card associated to the business (LLC).

Do you think because of the business and my almost $60K of debt that is the reason why my attorney hasn't filed? Just wondering if I should be checking in as its been almost 60days and no file!

I FILE ALL NEW CASES IN 1 TO 4 DAYS. IF YOU NEED EMERGENCY PROTECTION, I FILE IT WHILE YOU ARE SITTING THERE. MOST ATTORNEYS THAT DON'T SPECIALIZE IN BK WILL PUT YOUR CASE "ON THE BACK BURNER." CALL THE ATTORNEY AND GET A PROPOSED DATE OF FILING W/IN ON WEEK. IF HE/SHE DOESN'T DO IT, REPORT THEM TO THE BAR OR DEMAND ALL YOUR MONEY BACK AND GO TO A PRO.

[ameliabedilia]

I FILE ALL NEW CASES IN 1 TO 4 DAYS. IF YOU NEED EMERGENCY PROTECTION, I FILE IT WHILE YOU ARE SITTING THERE. MOST ATTORNEYS THAT DON'T SPECIALIZE IN BK WILL PUT YOUR CASE "ON THE BACK BURNER." CALL THE ATTORNEY AND GET A PROPOSED DATE OF FILING W/IN ON WEEK. IF HE/SHE DOESN'T DO IT, REPORT THEM TO THE BAR OR DEMAND ALL YOUR MONEY BACK AND GO TO A PRO.

I see that you have advised several people to demand a refund. Can you go into that in a little more detail. Most of us here are probably not sure how that works and what is needed to do it. Also, most of us don't have a lot of extra cash to sue or anything. If one demands a refund, how often do they get it? Do they go to the bar association??

[leftyf]

Bankruptcy Atty, my lawyer gets back to me via e-mail pretty quickly. My only issue is that they seem to be just taking my numbers and throwing them on the forms without much consultation. I'm glad they trust me, but come on! Shouldn't there be some dialogue about the numbers? Maybe I'm just naive about the way the system works around here (Southern OH.) They (lawyer and paralegal) seem to know how bk "really works" in my district, so I'm optimistic that I'll be able to get my 7 despite being $12K over the median. They have been able to answer any questions I have asked. When I went to inventory all of my personal property, they basically told me not to bother...apparently they're not paying much attention to that these days. Makes sense, since I don't have anything anyway. I was just counting up the butter knives and glasses and towels and such. I guess as a borderline case I would have expected more consultation, but maybe that's standard practice? And yes, I have been in contact with them several times in an attempt to be the "squeaky wheel." All I know is that I'm either headed for smooth sailing or about to fall face first in deep doo-doo.
Wish me luck.
Leftyf

[demismom]

Our attorney's firm was really slow too, they were backlogged with one attorney out on maternity leave. Took us 4 months to get filed.

[rivercityatty]

It is actually quite common for me to take weeks or even months to file a petition. Unless there is a true emergency, which is relatively rare in my experience with consumer debtors, there is no need to rush filing the petition and risk sloppy paperwork that will come back to haunt you. Furthermore, under the BK reform act, attorneys are now required to perform a reasonable investigation into the debtor's affairs so that they can certify they believe the information is true and correct. I hardly think this can be done in a few days.

In my office, I usually provide the client with a detailed questionnaire and requests for a substantial amount of supporting declaration such as statements, paycheck stubs and tax returns. This alone often takes most clients weeks to fill out and gather. Then this information needs to be reviewed. Most of the time, the client will not provide me with everything I need or new issues are raised. Once I have complete information and the new issues are resolved, I can begin to work on the petition, schedules and attachments. Most of the time, this packet is 30-40 pages long and I take a week or two to work on it. At that point the client reviews the final proposed paperwork and if everything looks OK, the petition is filed. In many cases, my Chapter 7 clients are making payments to come up with my fees and the filing fee so they do not mind and expect the filing process will take this long.

Also, in many cases, it works to the debtor's advantage to wait before filing, depending on their behavior prior to consulting with me.

IMHO it's never a good idea to rush legal paperwork. This is truly one situation where "haste makes waste" and is likely to cause you a lot of headaches down the road.

RCA

[PaKettle]

It is actually quite common for me to take weeks or even months to file a petition. Unless there is a true emergency, which is relatively rare in my experience with consumer debtors, there is no need to rush filing the petition and risk sloppy paperwork that will come back to haunt you. Furthermore, under the BK reform act, attorneys are now required to perform a reasonable investigation into the debtor's affairs so that they can certify they believe the information is true and correct. I hardly think this can be done in a few days.

In my office, I usually provide the client with a detailed questionnaire and requests for a substantial amount of supporting declaration such as statements, paycheck stubs and tax returns. This alone often takes most clients weeks to fill out and gather. Then this information needs to be reviewed. Most of the time, the client will not provide me with everything I need or new issues are raised. Once I have complete information and the new issues are resolved, I can begin to work on the petition, schedules and attachments. Most of the time, this packet is 30-40 pages long and I take a week or two to work on it. At that point the client reviews the final proposed paperwork and if everything looks OK, the petition is filed. In many cases, my Chapter 7 clients are making payments to come up with my fees and the filing fee so they do not mind and expect the filing process will take this long.

Also, in many cases, it works to the debtor's advantage to wait before filing, depending on their behavior prior to consulting with me.

IMHO it's never a good idea to rush legal paperwork. This is truly one situation where "haste makes waste" and is likely to cause you a lot of headaches down the road.

RCA

I assume, however, that you make it clear to your clients that you will not be able to file for them for "weeks or several months".

I talked to several attorneys who said that IF I have all the required paperwork, as you mentioned - bank statements, pay stubs, and tax returns - I should think an attorney should be able to file within a couple weeks, if asked to.

I agree that the paperwork should not be rushed, but if the client has given the attorney all the paperwork required, it shouldn't then take months to file.

If the attorney thinks it is in the client's interest to wait - like if the client has taken out some large cash advances several months before - then that is another reason to wait. However if there is no such reason, then the attorney should I think file within a month, maximum.

Let this be a lesson to bankruptcy filers:
Ask your attorney when he will file for you once all paperwork from you has been submitted. Get it in writing if you can, but at least a verbal commitment.

And to attorneys:
If you are not going to be able to file within a few weeks or a month, I think you should inform your clients of this.

[FreshLikeADaisy]

Let this be a lesson to bankruptcy filers:
Ask your attorney when he will file for you once all paperwork from you has been submitted. Get it in writing if you can, but at least a verbal commitment.

And to attorneys:
If you are not going to be able to file within a few weeks or a month, I think you should inform your clients of this.

Amen, brother. Preach on. At a certain point, it is unethical to accept work that one knows one cannot complete for months to come. It's one thing if the attorney tells you up front; quite another if they leave you dangling for *four months* and then get all hostile on you because you dared call to inquire when you might see some progress, like they did gophermn... sheesh.