Pacer Question

[berrymom35]

Okay, I got a pacer account and looked up bks in my state and searched using dh's SSN...and nothing found...does this mean we have not filed yet?

Our atty is super slow and we have not been very happy with her...we met TWO weeks ago and signed the scheduels and the paperwork and PAID HER and last week she still had not filed...said it would be last thursday afternoon or Friday morning....that was a week ago and they don't answer the phone or return messages....were very frustrated mostly becuase DH has taken a job that she told him to make sure he started after the 341 which she told us would be around the end of July because she was supposed to file the last week in june....

We live an hour away...I can't just "pop" in and surprise her...it's a tank of gas and an event to go there.....any advice?

[whipster1]

Look on the site for your district. It won't be on the Main pacer site for a few days, but the district site will show it immediately.

[berrymom35]

I am soooooooo mad right now. I just talked to "someone" at our attys office who said they are "working" on our filing...this was supposed to be DONE two weeks ago! They cashed the check TWO weeks ago....I just lost it....I told the gal on the phone that they have consistently not done what they said there were going to do with my case and she needed to file this afternoon or to have the file she prepared and my $900 that we have so far paid them ready and I would be there at 8am tomorrow morning and I would either go to another atty or use what they have prepared and file without any attorney....which I would have to figure out how to do....either way....if she wants to avoid an confrontation in the A.M. she will call me in the next few with some information....grrrrrr....

am I over reacting?

[mynextlife]

Is the $900 a partial payment? Do you owe more? If so, the atty will not actually file until the retainer and all fees have been paid in full.

[liz417]

I don't think you are over reacting at all. If she said it would be file within a certain time frame, then it needs to be filed! Period. If she waits any longer, she will need update info, paycheck stubs, etc. What are they working on? You've already signed the paperwork right?!? Timing is everything in a BK and if this law firm isn't on the ball...who knows what could happen once the case IS filed!

[berrymom35]

Is the $900 a partial payment? Do you owe more? If so, the atty will not actually file until the retainer and all fees have been paid in full.

She required $600 to retain...$299 the day we file (two weeks ago...but not) and then$400 the day of the 341....that will be paid in full.

[justplaintired]

Our attorney wouldn't file until we paid in full. I thought all did. Honestly I do understand your frustration, it is a stressful time.

I am sure this attorney will not refund all the money, it is doubtful, they will charge for the work they have done, that is just how it works. I would recommend remaining calm and calling back in and asking when you can plan on filing. We had to go to our attorney's office to go over the paper work before they filed us. I wouldn't recommend filing without going over the papers first.

I understand the drive, our attorney isn't in the town we live in either. But it might be unavoidable to drive over there and calmly go in and ask them when the intend to file your case.

I wish you luck and I know how stressful all this is, we had to wait on our attorney too, but in the long run, I think we did ok.

Good luck