Turning in Paperwork Today

[BKinVirginia]

I am filing my paperwork to my attorney today and paying him. Here is my question.

I know I can start reffering my creditor collection calls to him once I file. Is that when the automatic Stay takes place? I think if everything is smooth and he sees no problems he will file the BK within a week or 2. The thing is, I recieved 14k in relocation in January to move to Virginia. I dont know if he will want to wait till August to file to let that fall off or not. I am very close to the state means right now, with the relocation I'm well over.

I'm just nervous I guess. My attorney does not seem concerned with my salary at all. I live in the most expensive county in the US (Fairfax) and he says the Trustees understand that and are pretty nice about it. I'll find out more today.

Question is, once again. When does the Automatic Stay take place? When I get an attorney or when he files?

I know the answer is probably in the forum, but I'm so nervous right now I can barely type this. Thanks.

[shabam]

The second the lawyer submits the case.

I can tell you this, I have seen cases where people's salaries have been ridiculously high, yet they have still filed for a ch 7 and been discharged. As they had the appropriate expenses to justify it.

You need quite a decent salary to live in NoVA as it is.

[kenshirley]

Our Attorney had calls referred to him well before we filed.
That did not mean that collections could not call however.
The stay is in place when you file, however many companies may still call as they have not got the word just yet.
Larger organizations take time to pass the information to their BK people.
And then there are some companies that will call regardless and hassle you until the attorney slams them a couple of times.
Most companies will quit calling when you tell them you have filed and give them your case number.
You can get that on Pacer or your attorney should be able to give that number to you right after he files the case.

[BKinVirginia]

Thanks, Hopefully he files quickly.

An emergency file is only $75 more. Do I have to have justification for that? How much more faster is an emergency file? Does it affect when the attorney files or when the 341 meeting is?

[kenshirley]

An emergency file?? What's that.
Your attorney has access via the Internet and files that way or he goes to the court house to do it.
I suspect that this "emergency file fee" you are referring to is hype by the attorney to get more money.
Let's get serious here, does it cost you anything extra to go to your computer now versus waiting a couple of hours?

[Amy26]

Good luck!!! I'm filing on the 8th. Our attorney said the same thing about the Fairfax thing. We're moving to our new apartment in Fairfax on the 15th. I'm hoping everything goes as swimmingly as my lawyer seems to think it will. He certainly wasted no time cashing my checks. He is really nice though and answers my emails even at 10pm at night. I electronically sent him all the paperwork on Monday. Now, I just need to take the online bankruptcy class.

I'll cross our fingers for the both of us.

[teacher]

If it was paid to you in January, it would drop off your income for the February-June period, so you should be able to file in July.....if that was even an issue.

My attorney took my calls for me as soon as I paid my retainer, I didn't have to wait to file.