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How long after paying before filing???

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    How long after paying before filing???

    I have been paid up with my attorney since late November.
    I had hoped to file in 2009, but obviously that didn't happen.

    I had hoped to file in the first couple of weeks of January . . . obviously that didn't happen.

    I had hoped to file before mid-February . . . obviously that didn't happen.

    Every time I call or drop in, I'm told soon . . . but they always need something else.

    My business is seasonal(surveying). The last 2 winters have been devastating, but each spring I get enough work to get through . . . almost. Last winter was the worst and it followed a less than stellar summer.

    I have a boat I would like to keep and it's value is what I tried for 3-4 months to sell it at.

    SO . . . since everything is taking SOOOOO LOOOOONG, I fear, the BK will be filed when I'm finally earning more money and if it is in spring, the boat will probably look more worthwhile to the trustee.

    If I'm "unlucky", I might earn enough money(as sometimes I do in the short-term), to complicate filing a chapter 7(?).

    My last bit of "bad news", is that my work truck(which I just paid $1400 to get caught up and buy new tires . . . sold some work equipment), might be taken from me if the trustee "feels" that I can't keep up with payments.

    Of course without the truck, if and when I get work, I might not be able to do the work and if there's even a possibility of this happening, then that $1400 was just wasted. Now I have to weigh my chances of work picking up in the short-term enough, to make making the payments for the next month or 2(another $420), worthwhile.

    I also had to re-up my phone contract and am fearful of that being taken away if the trustee feels I don't "need" it or whatever.

    I've been having heart problems and this phone is my only means of communications. This phone is also tied into my business phone(a trunk-line extension, which costs $20 a month). Without the cell-phone my business phone costs will increase to almost $70 a month and of course, I wouldn't have the cell-phone if anything happens to me while I'm in the woods/swamp doing work . . . to earn money.

    In any case, I'm beginning to wonder if climbing under a rock would be a better alternative to my attorney and the BK court and the possibilities that my attorney is implying could happen.

    I'm really beginning to think that the BK system is evidently not made to work for a sole-proprietor, and at 60 years old with all my older brothers now dead(all before 60), I'm just really wondering if all this is even worth it.

    #2
    Originally posted by SURV69 View Post
    I have been paid up with my attorney since late November. I had hoped to file in 2009, but obviously that didn't happen.

    I had hoped to file in the first couple of weeks of January . . . obviously that didn't happen.

    I had hoped to file before mid-February . . . obviously that didn't happen.

    Every time I call or drop in, I'm told soon . . . but they always need something else.
    Just curious....what are you being told is the hold-up? Chances are it's not just a missing piece of paper. If you aren't sure, then it's way past time to find out exactly what is delaying your filing. There could be a legitimate reason for the delay, or you just might have paid a retainer to a bk lawyer who is either overwhelmed with too many clients or doesn't know what he/she is doing. Time to find out which is the case.

    Demand a face-to-face appointment with your lawyer (not the paralegal or office help) this coming week to discuss your case in detail and find out what's really going on. You are in control of this process because it's you that are being impacted directly by the delay. Do it this week. Make sure your lawyer clearly understands the winter vs. spring timing factor with your business.

    Unless there's some legitimate reason for the delay (waiting out an insider payment or waiting for a single high income event to drop off the six month lookback, for example), no bk case should take four months to file, period.

    When you meet with your lawyer, if you don't get answers that make sense to you, consider firing your current attorney, demand a total refund, and immediately start the search for another lawyer who will represent you and your interests better. When there are no legitimate reasons for a filing delay, your case should be filed with the bk court within 2-4 weeks.
    Last edited by lrprn; 02-20-2010, 03:34 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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