Attorney Process

[leesi]

So I have retained an attorney since Sept 08. To date my bk had not been filed. My attorney keeps telling me that additional information is need and everything is so tedious when I have already given her everything. Does the process take this long before a chpt 7 filing? I am so fed up with her but don't have the money to pay another attorney. What should I do?

[NoMoreRed]

The beginning of the process is very paperwork heavy. Your attorney is gathering everything that you will eventually need to send to the Trustee. Be assured that if you are complete and concise with all of your paperwork upfront that the rest of the process is fairly simple. It's just the waiting that gets hard to deal with until discharge. Once you have given the attorney everything that will be ask for by the Trustee they will then tell you to file. Otherwise, when your 341 meeting comes up it may not go as smoothly as you'd like. We were the same with our attorney, but at the 341 meeting it was like butter. I think it lasted less than 5 minutes.

[leesi]

Thanks for the info. I am returning the last of the documents that she had asked for..hopefully that will be all and we can get to filing.

[StartingOver08]

Also, remember, every month that passes you have to update your info! So if she does not file by the end of Feb, you have to provide all of Feb info...etc. So the filings are very busy the last few days of every month!

[brokejim]

Crap im going to cosult on march 10th and if i file in may the 6 months would start april? i hope i can get it done the longer it takes i will fail means test

[OhioFiler]

Crap im going to cosult on march 10th and if i file in may the 6 months would start april? i hope i can get it done the longer it takes i will fail means test

Your six months will start in November 2008 if you file in May 2009.

[StartingOver08]

Crap im going to cosult on march 10th and if i file in may the 6 months would start april? i hope i can get it done the longer it takes i will fail means test

OhioFiler is right, remember it is a LOOKBACK period of 6 mos prior to the filing date.

[HHM]

Unless your case is ultra complicated or if you "need" to wait for some reason, there is no reason a case should take 5 months to prep.

A GOOD question to ask an attorney at the consult is,
How does your case processessing work and how long does it take?

If the attorney says, you gives us the info and we call you when its ready, I would be hesitant.

But if the attorney says, the day you (client) return your questionaire and documents to our office, we schedule your finanlization meeting within 3 weeks of you dropping off your paperwork...hire that attorney (even if they cost more).

[outsidetool]

I downloaded my atty's required paperwork from his website; I filled it out the same night. I dropped it off at his office the next day and had a 2nd meeting with him about particulars. Took about 20 minutes. They scheduled a time for me to come back in and sign 'formal' papers two days later, which I did. By 3 pm that afternoon I was filed. Mere days from start to filed.

[brokejim]

Im self employed and i never had monthly profit or loss sheets only at end of year when i file taxes.I think that is gona hurt me ,i can figure this years out (jan,feb,mar,apr)do the trustes look at all my deductions and want to see how i paid them like IRS audit cause then im screwed if they want profit and loss sheets for all of 08 1 for each month i can probably do it but i never kept milage and my material i cant prove i never expected this do they want reciets

[leesi]

I should have came to this website for research before retaining my attorney. She is pretty fishy. She keep saying that they were still reviewing my documents - and they are trying to be thorough. I even told her that I knew people that were filed within 3 months - said that those attorneys were not being thorough. If had the money to pay someone else I would have.

[zpbk13]

That is awful for you! We met with our attorney in in March, had a follow up meeting this past Saturday and the only reason we are waiting to file until mid-June is to finish paying her. We plan to file on June 17. I hope you are able to light a fire under your attorney's butt to get moving on your case.