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How long should it take my lawyer to file my bk?

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    How long should it take my lawyer to file my bk?

    We paid our lawyer February 1st. We had our initial meeting with the lawyer and gave him all the info.....Then about 2 months later we had to give them all our bank info and pay check stubs again...Then around 2 months later again we had to give them the same info again...Then she called in Sept. and wanted info again....I told her I wanted to get this over with....She got real mad and have not heard from her since.....It has been 9 months since we paid them to file....Is this normal or can we get our money back and go with another lawyer? Thanks...

    #2
    oh my...i'm so sorry. you need to contact the bar assoc. in your state and report these people.

    my atty was ready within 2-3 days after we gave the all of our information.

    i would call tomorrow and demand a meeting immediately...i would also ask them for my money back and run do not walk to another atty asap.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      Are you filing a Ch7 or a Ch13? Do you have any special circumstances that might necessitate waiting for a while? We had that problem with a yearly stipend (retirement) that pays out in January of each year.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Originally posted by AngelinaCat View Post
        Are you filing a Ch7 or a Ch13? Do you have any special circumstances that might necessitate waiting for a while? We had that problem with a yearly stipend (retirement) that pays out in January of each year.
        you know what they say about assuming....i assumed...that there were no issues and that's why the OP's concern...we waited 2 years so i understand when it's needed or one is wanting to...i just hope that's the case with the OP.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          #5
          Since my attorney was in practice by herself I had to wait a month after dropping off the paperwork and paying in full. At the time I didn't like waiting, but then again I knew I had a good attorney, and since everything has gone well, I happy with the results. Wow, 9 months is a long time. I hope you get it straightened out so you can file soon and get on with a fresh start. Good luck to you.
          Filed Chapter 7 on July 30, 2010
          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
          Discharged!!! - November 15, 2010

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            #6
            About a week after we dropped off all of our paperwork we had a meeting with the attorney to go over the petition line by line and to finalize. The petition was filed with the courthouse about 5 minutes later. We had our case number before leaving the attorney's office.
            Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
            Deadline to File a Complaint: March 8, 2010

            Discharged and Closed March 11, 2010

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              #7
              My lawyer filed as soon as I finished paying in full. He had all my documents needed about a two weeks before . The day I brought in the last payment and most recent documents, we went over the petition....all paperwork done. He called that evening with the case number and the 341 date.

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                #8
                We met with our attorney 3 times between September 9th and October 26th. On 10/26 we went over everything line by line and filed. Left the office with our case number.
                10/26/10 - FILED CHAPTER 7 12/15/10 - 341 COMPLETED 2/17/11 - DISCHARGED & CLOSED

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                  #9
                  Once I got all my paperwork to my lawyer, they had it ready to go in a week, I went into the office, looked over everything with him paid the reaminder I owed and it was filed the in the next couple of days. What do you mean "you never heard back"? You have not talked to them since September? I would get on the phone or go right to the office and demand an answer on what the heck was going on with your case.

                  Comment


                    #10
                    Buddie, wow. Just...wow. So sorry to hear that, but as others have said, no, that does not seem to be the norm. We met with our attorney for the first time in September, filed last week, and now have our 341 meeting scheduled. I sure hope you can either get this worked out with your attorney or find another one quickly. Nine months is a long time to go through this kind of stress.
                    Filed Ch. 7: 10-28-2010 Report of No Distribution: 12-16-2010 Disharged and Closed 2-18-1011

                    Comment


                      #11
                      Wow. After a month jerking me around on my straightforward Chap 7, I went ballistic, and emailed my attorney to "forget about it, I'll file the m*****f**** myself" (exact words) (i gave him $300 retainer with the rest to come on filing day).

                      Turns out he did have a good reason for the last delay. But the previous BS lines of "I'll call you monday" and having to call him with "what's up" after Monday became Friday... the "we're reviewing the petition, and will be ready in a couple days" which turned into weeks...

                      I'm filed now, after about a month and three days : ) And I actually feel good about it. Yes, I am steamed it took over a month. But our last meeting did much to make me feel better abut the situation. And it's filed : )
                      Chap 7 Report of No Distribution 12/2/2010. I'm in the 60 day club : )

                      Comment


                        #12
                        Thanks everyone for your replies... I am going into the 10th month of waiting for them to file....I will wait untill the first of the year....Then I will be knocking on there door and there will be action...

                        Comment


                          #13
                          It took us about 3-4 months with the impression from the attorney that we would file "real soon" during that entire period. It was rough because you think you are at that point and are overly careful about everything.

                          Comment


                            #14
                            Originally posted by buddie View Post
                            Thanks everyone for your replies... I am going into the 10th month of waiting for them to file....I will wait untill the first of the year....Then I will be knocking on there door and there will be action...
                            Why are you going to wait until the first of the year? Why not get knocking on the door now, seems like a really, really long time for them not to have filed.

                            Comment


                              #15
                              My attorney said once i get all my paper work rounded up and filled out, he would have himself and a paralegal review it all for anything that might stick out as a red flag for the trustee as far as recent purchases go....from there and based on that, we pick a filing date after anything questionable would be past the 90 day marker if at all possible. He said if it looks good that day, his firm would package and send it and have me filed in less than 72 hours, most times with 1 day, with the longest wait being 1 week if my case is not as 'urgent'.

                              9 months?? It took you THIS long to raise eyebrows on this? Personally after about 2 weeks i would be hitting the roof..BK lawyers are made to move fast, as many people who get to the point of BK are just days away from losing their cars, their homes, and being sued by creditors, out on the streets, etc. As someone else said, i would seriously consider giving the bar association a call.

                              Yes, get another attorney ASAP, and do research on them this time! also, you may want to talk to the actual trustee about the matter as far as the first lawyer. They may be able to intervene or get the UST up their behinds.
                              Ch7 no asset Filed 11/23 341 12/21 discharged: 2/22/11 I am soooo totally not a lawyer, but i wish i had married one! Does that count for anything?

                              Comment

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