what is the actual series of events or timeline when you file CH7

[flaguy]

I am getting closer each day (might even be next week) and I have spent 7-8 hrs with my attorney discussing everything about my situation but I never asked about the little details concerning the actual series of events that will take place. If I walked into his office tomorrow (assuming I have taken the pre-filing credit course) and hand him a check, along with the information packet filled completely out, and all the supporting docs, what happens LOL? Do they file immediately ( and that's the date)and then have so many days to fill out the matrixes and supply the court or trustee with the information? Or do they have to go through everything and have everything filled out on their end as well?

Also do you need to wait until checks clear your account before filing for example I have a $1,000 bill from my cpa and have to send the IRS say $2,000 (for 2013 I have until the 15th to file and pay) and I have $4,000 in my account if I write out the checks and mail them off can I file BK say a day or two later and say my balance is $1,000 (if I had cashiers check cut, it would the actual balance, but my luck is one of them would get lost in the mail and become a huge PITA).......not trying to play games here at all, want to make sure I am 100% legal

[TXskyblue]

When I signed my CH7 paperwork, they told me they prefer to file several clients together so that the 341 would be at the same time and it would be more convenient for the lawyer. They waited a week and a half I think, but none of their other clients were ready so they just filed me solo. They were very up front about it so it wasn't a big deal.

I don't think you should have checks floating. Until the check clears, that money is still yours. If you file before the checks clear, and thus have $4K in your account that is spoken for but still there, it will be considered an asset and you will either have to make a exemption for it or risk having the trustee take it. When you're close to filing, you should not be writing checks. Sending money orders is a good alternative. The money is removed immediately so no asset. Keep your money order receipts in case the trustee wants to see them to make sure you didn't just pocket the cash.

[LadyInTheRed]

You should definitely make sure all checks clear before you file BK unless you have an exemption available to cover the cash. TXskblue is correct that the balance on day you file is considered your property and you cannot offset it with outstanding checks.

Once you give your attorney the information and paid his fee, he will need time to prepare your petition. How long will depend on the attorney's workload and office procedures. Once the petition is ready, the attorney will either send you the petition to sign and return or have you come to the office and sign it. If there is some emergency like you need to stop a foreclosure the following day, a skeletal petition can be filed with the schedules filed within a certain time (15 days, I think, but I don't remember for sure). In most cases the entire petition with all schedules will be filed all at once. Once you sign the petition, it can be filed electronically right away. But, some attorneys only file petitions on a certain day of the week. When you do provide all information and pay the fee, ask your attorney how long it will take to prepare the petition. Then you can follow up if you don't hear back in that time frame.

[avengers]

The other two answers are accurate. Each attorney is different. In general, they won't file immediately unless you have an emergency where you have to file to prevent an action from taking place (e.g., to stop a garnishment).

My attorney states that he takes about 3-4 weeks to complete the petition. Then, he will meet with you and you can review the petition in person and ask any questions you have. Like TXSkyBlue, my attorney bulk files on the same day (he happens to file on Wednesdays.

Once you file, you get your 341 date. From there, information is readily available on this board about what happens.

Good luck!