How long for case number (Western NC)

[stressedNC]

We filed on 8/10 and still have not received anything from the lawyer. We are being heavily harrassed by Wachovia and dh called the lawyer to see if there was a case number and they acted like there probably wasn't but would check and call us back. Ten days seems like a long time to have passed without our creditors being notified and without us receiving any verification that we filed, kwim?

[aljohnson007]

I would call the Clerk of Court and ask if it has been filed. Sounds like you picked a "jewel" of a lawyer but you never know beforehand. Wishing you the best.

[stressedNC]

Ok we called the Clerk and they have no record of it. We called the lawyers office and got their dingbat secretary, she said oh they are at lunch but it would have needed reviewed by the attorney before it was filed, um isn't that what we did on the 10th?
My husband explained to her that a lot of the info had changed since he signed it on the tenth bank account info, kids ages, ext. These were all things they ask about that day, did any of the kids have a birthday since you filled out the paper work, what is your bank account balance as of today, ext as of then they had not but one recently did and the bank info changed and will change again tomorrow.
We know that they get back from lunch at 1:30 so we will call back at 1:35.
Is this the way it usually works you sign and then they file it later? It just doesn't sound right.
The lawyers get to pick trustee here so I don't want to make them angry but I am steaming mad!

[tinfoilhat]

I had a case number a few hours after filing.

[tinfoilhat]

Oh yea, I also payed some jackass $1500 that I'm never going to be refunded because I didn't want to end up in a situation like yours.

[kenshirley]

99% of these cases are filed electronically by the attorney using the internet and when they file they get the case number.
Call the office representing you and demand the case number.
You can also go on Pacer, use your SS# on the query for your court and get the case number that way.
And if nothing shows, you know where your attorney lives don't you!

[stressedNC]

Ok talked with the attorney and everything is being filed electronically today. He aparently reviews everything and then files once a week, he said the info provided on the 10th is still valid because that is the date we signed and he has x amount of days to then file the case. He had found a glitch in ours and someone was suppose to call us yesterday. We gave him the missing info(current 403B value) and we will follow up tomorrow with the court to make sure it was filed.

When I check the list of 341 meetings his name is always listed with 20+ of the debtors so I should trust that he knows what he is doing and in truth I do trust him, it is just his staff always seems a bit incompetant...
Oh well we don't have another 2k to hire a new lawyer so he is what we have.

[JRScott]

If he electronically files it today you should have a case number on PACER by close of day today, tomorrow at the latest.

Some lawyer do indeed only file once a week. They should explain that more. I hope things go smoothly.

[killinstinct]

We got ours IMMEDIATELY. Our lawyer filed electronically in his office right after we reviewed the petition. He printed out a piece of paper with our case number, 341 date, time, trustee, judge, the whole shebang. We're in Western Washington though...?

[music12]

are you sure the lawyer gets to pick the trustee??? that feels wrong. just can't be.

[JRScott]

are you sure the lawyer gets to pick the trustee??? that feels wrong. just can't be.

No your lawyer can't pick the trustee though he might manipulate the system some in a few districts by picking the filing date if he knows the rotations of trustees. The court system assigns trustees according to rotation in most areas (much like it assigns the judge).

[stressedNC]

"No your lawyer can't pick the trustee though he might manipulate the system some in a few districts by picking the filing date if he knows the rotations of trustees."

Maybe that is what was meant by it and thus part of the reason for the hold up on filing(though I would think they would tell us that was the hold up), I'm not sure.
We were told this by all three lawyers we met with because our kids have an investment that has dh's name on a part of it by mistake(we have Sr. and Jr. and it is clearly a mix up since Jr. is on all the other forms). We are prepared to buy back that 1/16 of the investment if we have to but would like to avoid that mess. But they all three mentioned picking the right trustee...

[backtoschool]

North Carolina and Alabama are not in the trustee and US trustee system, so what you read here about trustees and filing and time frames may or may not apply, ymmv.

[brokeasajoke]

We file Western District NC 7/31. Had the number immediately following the atty submitting electronically. Same deal with 341 date. Both were on PACER immediately.