Attorney question

[seraph79]

I've recently decided that filing for bankruptcy is my best route to get the creditors off my back. I was used to having my wages garnished as there are certain caps on how much can be taken, but the final straw was when the same garnishor went after my bank account and tried to clean that out, too. Guess they weren't getting enough from the wage garnishment. The result was several returned checks and numerous overdraft fees costing me hundreds of dollars.

Anyway, now that I'm back to a cash only basis, I have finally saved up the $1000 attorney fee and consulted with an attorney last week. I got a good vibe from him and overall, thought he would be fine, so I paid the entire fee. Additionally, I have provided all of the documentation required including 6 months of pay stubs, bank statement, completed the pre-filing consumer counseling, and also filled out the monstrous packet of information required for the petition. I want to file as soon as possible and am ready to stop my paychecks and bank accounts from being raped every couple of weeks, and the lawyer said they could file same day petitions if need be. Well, I've sent a couple of emails questioning the status of my petition and left a voicemail today requesting a call back. To date, I've received niether. I'm a little concerned. I don't believe I've necessarily been "taken," but I do feel like I'm possibly being ignored. What I'd like to know is, generally, what is a reasonable amount of time I can expect a response after I've sent electronic communication or left a voicemail at my attorney's office? I've made their task so easy because I had all of my information ready before I even made the appointment for the consult. I'm prepared for what lies ahead, and I just want this process to be started as quickly as possible so it can end sooner rather than later.

[HenriettaHen]

I wouldn't get too concerned just yet. As you said, it's a monstrous amount of paperwork, and you want them to be accurate and thorough. That takes some time.

Keep leaving messages, be calm, and if another week goes by without a response, stop into their offices and ask about your petition.

Don't forget that while you are familiar with your case, they need to go over it with a fine tooth comb themselves and get the petition (over forty pages) put together for filing with the court.

You've done the worst part, and well. Sit tight.

[CindyLou]

Yes, but she is getting garshished and they could have done an emegency filing of just the petition and then filed all the schedules within the 10 days. I would personally go into the attorney's office and assertively request to speak to someone asap before you next payday comes!!!!

[HenriettaHen]

Yes. If the situation is getting urgent, there is the option of filing a "skeleton filing" to get the petition into the system and stop the insanity.

CLS is right. Go see the attorney and get your status.

[seraph79]

Thanks for the reassurances. I just received a call from the attorney this morning and I will be going in on Monday to review/sign and he will file it Monday afternoon. Incidentally, I just have to express how fulfilling it is to be able to refer harassing collectors to my "legal counsel." The same ones who call me numerous times/day up to and including before 8am and after 9pm and who've been so rude to me are now so nice and submissive when I tell them the circumstances.

Just to get this off my chest, I had a terrible bicycle accident last October. A runner ran in front of me after I yelled ahead that I was passing on his left. Well, I pulled the front brake too hard and flipped over the handlebars and crushed the right side of my face in. Were it not for the helmet, I would probably be in a lot worse shape. Anyway, I was taken to the hospital by ambulance since I blacked out and woke up the next day to find out that I had surgery done to repair my cheek bones and jaw. I was unemployed and had no insurance. The hospital/doctors/ambulance bills amounted to a bit over $25,000 for that disaster. I took 3 months to recouperate and then finally got a job, but once I was able to start making payments, the hospital and doctors had already transferred the accounts to collections. I worked out a payment arrangement with the collection agency holding my hospital account as it was the most costly, and we had agreed that I would pay $350/month. Well, that was working out fine for the last 8 months until I found out that they had sued me in court. They had my correct mailing address, but I was, mysteriously, never served with a notice to appear in court, so they won a default judgment against me. Come to find out, they had requested that the notice be mailed to an address I lived at over 3 years ago--when they knew my current address because they had been sending my bills to it! After the judgment, they sought to garnish my wages, and then decided that the $350 a month plus what they were getting from my paycheck each month wasn't enough, so they sought to garnish my bank account! I've stopped paying them, referred them to my lawyer, and I say screw them! I'm not familiar with the bankruptcy laws, but I hope the trustee makes them give back the $2,000 they got from me this month and for all I care, s/he can distribute it to all of my creditors or keep it. I know I'm not getting it back, but at least for all the trouble the collection agency has given me, I hope they lose the money and get crap for it in return.