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Reviewing the bk paperwork

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    #16
    Originally posted by bbgstartingover View Post
    If you can, I'd ask them to let you have the paperwork to review at home before you file, so that you can do it at your own pace and not feel pressured to sign everything right then and there in the office.

    I was surprised to find out how many people had lawyers/paralegals that made them sign blank paperwork in advance. That seems so NOT right. You're paying them good money for their service. You should have access to any paperwork they prepare for you, with the info on it, before you sign and file.

    I lucked out with my lawyer and he's not even a "strictly BK" lawyer. He PDFed and emailed me the completed forms, and I ended up doing two rounds of edits each time. And it took me about 1.5 - 2 hours to go over everything at home each time (but then, that's me, I'm a detail nut). And then, the morning I signed everything at his office, when he went over every page with me, I found two more errors that weren't there in the previous rounds. So, you can't be too careful.

    My advice is, if you can, take your time looking over your completed paperwork before you sign anything over to them. And if they give you a hard time, take up your space -- you are paying THEM!!! I wouldn't give in. It's your name and signature on the final paperwork and, ultimately, you will be held responsible, not the lawyers/paralegals.

    Good Luck!!!
    I'll take that good luck, thanks! Right now my plan is to ask to take the stuff home, or at the very least to have some time alone in another room to go over everything at my own speed (I'm a detail nut, myself.). I like the idea of the PDF files, but I learned at my consultation that my attorney is more of an old fashioned type so I won't be expecting that.

    From all the encouraging responses and good advise, I feel much more confident that things will go the way I want them to. If not by the attorney's choice, then at least by my insistance that I be allowed ample time for review.
    04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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      #17
      Originally posted by Cali View Post
      Our attorney is going to let us sit in a room and let us look over everything before we sign.
      I sure wish my attorney had given me a heads up about this so I'd know what to expect. I hate not knowing, or being caught off guard because I assume something.

      Now, if only they would call me already and say my paperwork is ready!!! I know I'm ready to get this over with. Root canals are less painful than this. At least I know what to expect with those!
      04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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        #18
        My attorney is one of the best in my area, and is pretty cool with answering questions and giving us heads up.

        I hope everything works out for you and happens sooner than later.

        Originally posted by TX Bluebonnet View Post
        I sure wish my attorney had given me a heads up about this so I'd know what to expect. I hate not knowing, or being caught off guard because I assume something.

        Now, if only they would call me already and say my paperwork is ready!!! I know I'm ready to get this over with. Root canals are less painful than this. At least I know what to expect with those!

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          #19
          Well, I just got a call back from my attorney's office to set up a time to come in to review the paperwork. The earliest available time they had was May 27, but unfortunately I have a jury summons that day, so the next available one is May 30 - the last business day of the month!!! There's no way I'll be able to review it overnight or even to call back the next day after going over copies to fix any missed errors or to give the go ahead to file.

          The lady that called to set the appointment assured me that any corrections could be made that day for a definite filing on that day without it going into June. I just don't like cutting it that close. I asked how much money I'd get back at this point if I decided to go with another lawyer. She said she'd have to find out from the attorney and call me back.

          I turned in the papwerwork on Monday, May 5. I never imagined it would take so long between dropping off the paperwork and the actual filing date. Filing in June would really mess things up for us because of all the overtime my husband is putting in this month.

          Is this a normal time frame, between 3-4 weeks? That would mean anybody filing after the 1st week would end up redoing all their paperwork as their filing date would land in the next month. Would it be a stupid move to try to go with another attorney at this point, assuming they could get my paperwork ready for review sooner?
          04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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            #20
            Originally posted by TX Bluebonnet View Post
            Is this a normal time frame, between 3-4 weeks?
            Right now no time frame can be called normal. The bankruptcy filing rates are skyrocketing across the country plus now there is a lot more work on the pre-filing side to ensure everything is right and within the local court's interpretations of a bunch of gray areas of the crappy current bk law. Good bankruptcy lawyers are being slammed at the moment and there's no end in sight.

            Would it be a stupid move to try to go with another attorney at this point, assuming they could get my paperwork ready for review sooner?
            Ok, let's see....today is May 13. You'd have to fire your current lawyer today with no guarantee of a refund of what you've already paid, find a new lawyer immediately, pay him/her in full, get him/her fully acquainted with your case, and have your forms redone immediately so you could look at them no later than May 27. That's a tall, tall order to get done within two weeks just to get a few more days to look your forms over

            If you are happy with your current lawyer otherwise, this shouldn't be a deal-breaker. See if whoever in the office is putting your paperwork together (it's rarely the lawyer) can work up a preliminary set for you to see by next week. If you're willing to drop by the office to pick them up and take them home to review, that's even better. Make it easy for them to say yes and harder to say no.

            Also make VERY sure your lawyer understands that you MUST be filed by May 31 - no exceptions - and do so in writing (email or letter). Also let him/her know that you really want more than one day to look over your forms before filing.

            You won't know what's possible unless you ask. Good luck - hope everything works out in your favor!
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

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              #21
              Originally posted by lrprn View Post
              Ok, let's see....today is May 13. You'd have to fire your current lawyer today with no guarantee of a refund of what you've already paid, find a new lawyer immediately, pay him/her in full, get him/her fully acquainted with your case, and have your forms redone immediately so you could look at them no later than May 27. That's a tall, tall order to get done within two weeks just to get a few more days to look your forms over
              I was thinking of going with the 2nd best lawyer I'd consulted with, but I admit the extensive spelling errors in his bk paperwork forms kinda scared me. And I don't know what amount of money I'd get back yet from the lawyer I retained because I haven't heard back from him yet. So, more than likely, I'm probably stuck with this one.

              If you are happy with your current lawyer otherwise, this shouldn't be a deal-breaker. See if whoever in the office is putting your paperwork together (it's rarely the lawyer) can work up a preliminary set for you to see by next week. If you're willing to drop by the office to pick them up and take them home to review, that's even better. Make it easy for them to say yes and harder to say no.
              Oh, I like this idea very much! I didn't know about asking for a prelimary set, so I'll give them a call tomorrow morning about that. (It still really irritates me that they didn't give me any heads up about a 2 week wait beyond the 7-10 days they said they needed to prepare the bk.)

              Also make VERY sure your lawyer understands that you MUST be filed by May 31 - no exceptions - and do so in writing (email or letter). Also let him/her know that you really want more than one day to look over your forms before filing.
              I do plan to talk to my attorney about my concerns. However, I honestly don't know how to get him to put anything in writing. I guess I just expect him to say that he never promised a filing date to begin with.

              You won't know what's possible unless you ask. Good luck - hope everything works out in your favor!
              Thank you for your help!
              04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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                #22
                Just a brief update...

                I called and got my jury summons excused and have rescheduled the review for May 27. At least it's not right at the last day anymore, so I can breath a little easier now. I also plan to stop by their office on Friday to give them updated financial information, even though they haven't asked for it. Plus, I am going to give them account numbers to add to my paperwork, whether they want them or not. They better not give me any grief about it either.
                04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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