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november of 2008

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    november of 2008

    that's how long it has been since i paid my attourney in full. i submitted everything asked of me around december 5th. we had a bad snowstorm around christmas and i received a letter appologizing for not filing my case because of the weather.

    i have kept them updated and given them everything requested in a timely manner. in january they called and talked to my wife and asked us to for updated financial info and a new "honest" assets list. while we did not know what was wrong with our previous list, we complied and went into as much detail as we could. i even made a video tour of our home and our belongings so there would be no doubt remaining. most of our debt was survival debt, we have nothing fancy to show for it except our van and a computer.

    we waited until the end of january and when i went to turn our new paystubs i asked if there was any new info on our case. i was told the attourey was planning to contact us that week. nothing. i went last week to turn in more financials, asked again and was told the same thing. had a discussion with the secretary about what she told me previously and experiences of people my wife works with that filed ch7 around the same time. how they were almost done and we had not really even begun. asked if there were problems we should know about. she asked if they had gone through their office, i said no, she said perhaps the office they went through was not as busy as her's.
    she then explains to me how this is a process and it takes time ect.... it ended with the now usuall "the attourney will call you this week" and 2 weeks later....nothing

    well it's mid february, i just left a message on their machine that i would like an up date. i explained what has happened so far, that i am becomming frustrated from the lack of communication and scared of the notices i am receiving from creditors attourney's.

    my questions are,

    is this normal? if not what can i do?

    did i do something wrong? if i did can i fix it?

    personal needed info?
    i live in clark county, washington and am married with 2 kids, we have approx 40,000 in debt. we make 52,000 a year. filing ch7 jointly. paid attourney in full from the beggining.

    #2
    So you have been to the office a couple of times and never seen the attorney since you paid? I would not be as patient as you are.

    Contact the attorney today. Get a schedule of when he plans to have you filed. If there is a filing issue - he needs to put it on the table with you right now. If the secretary says he will contact you - just say you have been down that road and he has failed to contact you now for (what 45 days??). You are not waiting to get the answer any more. Not threats, just facts.

    Find out how many cases are 'ahead' of you to be filed and what the timeframe this attorney has for your specific case. Otherwise, get a refund and find another attorney.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Originally posted by StartingOver08 View Post
      So you have been to the office a couple of times and never seen the attorney since you paid? I would not be as patient as you are.

      Contact the attorney today. Get a schedule of when he plans to have you filed. If there is a filing issue - he needs to put it on the table with you right now. If the secretary says he will contact you - just say you have been down that road and he has failed to contact you now for (what 45 days??). You are not waiting to get the answer any more. Not threats, just facts.

      Find out how many cases are 'ahead' of you to be filed and what the timeframe this attorney has for your specific case. Otherwise, get a refund and find another attorney.

      contact the WA state bar and you'll be hearing from that attorney very quickly! Did you check to see if the attorney had any complaints filed against him? (again, check the WA state bar website). I wouldn't wait any longer- you don't want a laywer who's not on top of things. If it's this bad and you haven't even filed- imagine what it will be like if there's concerns from creditors etc.. you could end up getting the case dismissed if you don't have a good attorney. good luck!
      Filed Pro Se: 10/16/2009
      341 Scheduled: 11/23/2009
      Last Day for Objections: 1/22/2010
      Discharged: 1/28/2010

      Comment


        #4
        oh good, i'm not crazy or rude or ungratefull.

        i will say that my conversation was not friendly, yet i did not resort to name calling or violence, but i'm sure i got the point across that my patience has left the building and want a response now. though i never got that response, hence why i posted. i wanted a to make sure i had a leg to stand on first.

        thank you for such great and fast replies. I didn't want to leap till i knew it was safe. first time down this dark little alley and if I have anything to do with it my last. I'm just nervous with it being so long now since I stopped paying [5 month's according to one statement i read this weekend.] and the certified mail I have received, my wife or i will be garnished or? soon.

        UPDATE: I sent an email with a link to this thread to my attorney and suggested he read it.
        I checked his bar status and he has no complaint's or anything, same with bbb.
        Last edited by albundy; 02-17-2009, 07:07 AM. Reason: update

        Comment


          #5
          I paid in full in May, didn't get filed till Nov. Atty's are busy!
          Filed: 11/25/08 - chp 7 no asset
          Discharged: 2/24/09 CLOSED 3/7/09!

          Comment


            #6
            6 months? seriously? did they at least contact you and keep you updated durring that time?

            Comment


              #7
              We paid in November and it didn't get filed until the middle of January. And I thought this was long! She kept putting us off.... But good thing she did because I had a surgery that turned into a major thing and we got to include all of what our insurance didn't cover.. Things happen for a reason, I've been told!

              Comment


                #8
                In truth, depending upon the case, it could be filed in as little as a couple weeks or as many as many months. Sometimes we have to wait for the right time to file, sometimes there is a questionable asset or the income is too close to the median to where you may worry, there are 1000s of reasons why it may take longer than you think it should.

                I try to explain to clients that it is sometimes better to wait rather than rush to file and miss something. Better to have all your ducks in a row, etc, etc. In some cases it may seem cut and dry to you, but on the other end it really isn't.

                The debt will not go anywhere whether you file now or 3 months from now. Refer all calls to your attorney's office and the CAs will probably leave you alone for a while.

                Another side could be that the attorney could be very overrun right now with BK filings. It has become so common that it is all I do anymore at our office for 50+ hours a week.

                Or, the final reason, your attorney isn't doing their job. Press the attorney's office to give you some sort of explanation. I wouldn't go so far as to jump into reporting them until you find out what the hold up is. Call daily until you get a response.

                Let us know what you find out.

                Comment


                  #9
                  Originally posted by albundy View Post
                  6 months? seriously? did they at least contact you and keep you updated durring that time?
                  Yes, they are really busy, so I knew it would be a wait. Better to do it right then rush and miss things.
                  Filed: 11/25/08 - chp 7 no asset
                  Discharged: 2/24/09 CLOSED 3/7/09!

                  Comment


                    #10
                    i totally agree with waiting and not rushing things. i sent him an email telling him what was going on [thanks for recommending the wa bar site, that's how i got his personal email] and to take a look at this thread. i received a call and an email that morning. i missed the call, but returned it and told i would be called back later. just called again today and was told they're out of the office till wednesday. so more hurry up and wait.

                    the great, splendid, terrific and wonderfull news is... the attourney appologised in his email and said he would have his para finish our paperwork and have it on his desk by thursday [this last thursday] for him to look over and sign! he was very concerned about the service we had received and wanted to hear all about it so he could take step's to fix any problem's with his staff. again i have yet to hear anything.

                    i'm ok with that. from what i have seen on the news and locally, it seems the whole economy is goin straight down the tubes. so i have no doubt they are working trippletime
                    with new cases. i just wanted to hear something, anything regarding my case and i received just that.

                    thank you all for your help, experiences and advise!

                    Comment

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