Reasonable time frame to determine if you qualify for ch 7 or13?

[cyn5]

Okay everyone, what do you consider an appropriate or reasonable timeframe for a lawyer to get back to you as to weather you qualify for ch 7? One week, two weeks, three weeks? It is a little over two weeks now and wondering if we selected the right lawyer. So far we only gave them a small retainer, since there are different fees for ch 7 and 13.

Meeting with another lawyer tomorrow and maybe another one next week if we don't hear anything back from the current one. I just don't see how hard it is to input everything into the computer, especially if this is your job and you handle bankruptcies on a regular basis to figure out if you are a ch 7 or not. Frustrating.

[StartingOver08]

He should have known at your initial meeting based on the information you provided. Two weeks is too long.

[dwight]

That is way too long. You can find even basic qualifiers online. Try [url deleted by moderator]

[cbass1017]

Hello cyn5,

when my wife and I filed for Ch7 bankruptcy back in 04' our atty had told us which would be the best for our situation during our first meeting. At the worst I don't think it should take more than a day or two to figure it out.

I would definately ask for the retaining fee back and check with another lawyer who actually has the time to sit down and discuss your situation and determine that same day what type of bankruptcy you should file. The longer you wait the more adverse effects it can have on your credit.

Best of luck!

[cyn5]

Thanks for the replies. Yeah, it isn't like they don't have all our paperwork or anything. I even gave them a spreadsheet of everything and after the initial meeting faxed over a few things they needed. To top it off, she came back saying we made 25k more than we really do (we are both salaried, no bonuses or income changes) and then said they would re-enter the #'s and get back to me. That was three days ago.

[HHM]

You may want to double check the fee agreement and make sure you have actually paid for that. There could have been some miscommunication on the expectations.

[momxx5]

I would be a little curious too. I would look over any paperwork he gave you and read any small print.

A Chap 7 is easier to complete, but a Chap 13 will bring him income for many months as his fees are tied into your monthly payments.

I know in our situation our atty could not say for sure if we would fit into a 7. I was pretty insistant that is what we needed to happen to ensure a proper future for us, put this all behind us and move on.
He said he would have to work particularly hard to get us to fit into a chap 7 because everything is not a cut & clear and with most cases. We are above in income, however we have 5 kids so our expenses may be helpful in running the means test.

So, if I were y'all I would be questioning the 1st atty and making it known that you have other appointments with other attys because you did not aniticiapte this taking so long.

Good luck.

[DaisysMom]

At my first appointment my attorney told me that I qualify for 7 income wise, but due to the equity in my house I needed to get it appraised. He explained about the homestead exemption and I am right on the border.

I get the appraisal tomorrow and am praying and keeping my fingers crossed.

If you have any issues like that it might be holding you up.....but it seems he would have told you about them.

D.....

[JRScott]

Like many I was told first meeting, however it could take a week or two if you are a borderline case. Still he should give an indication the first meeting which way he thinks you lean. Now mixing up your income I hope they haven't mixed up your file with someone else .

[Tbornetun]

I see it all the time that based on the income the client provides at the first meeting that they would qualify for Chapter 7. Once we receive the actual pay stubs for the past 6 months and do the numbers, they are off by as much as $10,000 - $20,000 a year. Sadly, it is the actual numbers that count. In some cases it makes it much harder to qualify them for a Chapter 7 and some even end up filing a Chapter 13.

They are actual numbers so it is what it is.

[Taxed]

Just to add a different experience.... It took my lawyer practically 3 months to give me a definitive answer. Let me explain.

During my initial consulation in November and based on my preliminary figures, my lawyer determined that I would be borderline. Once we determined I would not be filing until March, my lawyer told me he would make a definitive determination once he had all my figures through the end of Feb. I am comfortable with him waiting to make the determination, as he wanted to use the most accurate and appropriate information to do so. So, my answer to your question is that it may depend on your particular circumstances.

[StartingOver08]

Taxed, I can see where your situation might occur if someone is self-employeed or in commission sales. But the OP is a salary employee. That is why it seems to be such a long time

[Taxed]

I understand that the OP is salaried; I am too. However, there are other circumstances that can impact the results of the means test, making a definitive determination more difficult. In my instance, I was moving out of a house that I plan to surrender, and my housing expenses were changing. Additionally, there was a chance that I could receive a bonus (which I know that they OP stated that they do not receive), which could ultimately change the means test. Since we don't know all of the details regarding the OPs situation, I was just making the point that it can depend on your particular circumstances. Of course, it could always be that the lawyer is just not that attentive. Regardless, any lawyer should give you an idea of where you fall, but getting a definitive answer may take longer.

[cyn5]

Thanks for the additional info guys. Just to let you know, our circumstances are not changing in the future (planning on staying in our house, etc), but of course would change if one of us lost our job. We might be borderline on the homestead exemption, but I do not think so and if so, atty has not said anything to us. I did find out they entered extra paystubs for us which made a HUGE difference. Guess when atty's rely on office staff who do not pay attention to detail and have lots of data entry errors then maybe they shouldn't be working in office entering data that impacts what your real salary is (just needed to rant a little about that).

I feel like perhaps I did not get a clear idea of timeframes and things when we picked this atty. I do like their office, but I think they are maybe taking on more they can chew due to all their cases right now. I did meet with another atty today and was not really impressed due to the fact I did not realize I was not meeting with one of the partners and this atty was very young and inexprienced and could not answer all my questions and said they would have to get back to me. Also could not give definitive answer on the ch 7 (first consult is free...I am hoping that they don't charge me to determine if I qualify for ch 7 or not...I walked out of there and forgot to ask!).

[momxx5]

Honestly, I feel that filing BK is tramatic enough and an extremely important matter that you want handled by the very best and most knowledgable atty who is on your side.

This atty sounds very overwhelmed and I'm sure you are not the only one who is feeling the effects of his actions or lack of action.

Please consider seeing another atty or two for a consultation. Be honest with everyone(new and old atty), but I think its time to cut loses and move on.