Chapter 13 filed, now coming on deadline to have documentation in, lawyer missing!

[turnipblood]

Hi all.

We filed our Chapter 13 through our lawyer on the 4th of December. We needed to complete 2010 taxes, so the lawyer asked for an extension of time to propose the plan which we received and extended our time for the documentation. I haven't met with or spoken to the lawyer since then as we have a retail business and a Christmas rush. Now our extension of time is set to expire on Wednesday. I haven't been able to reach the lawyer for several days.

What happens if this doesn't get done? Or is there something I can do here?

Thanks!

[LadyInTheRed]

Your case is in danger of being dismissed if the plan isn't filed by the extended deadline. It's not surprising you are having trouble reaching your attorney during the holidays, but the attorney should make sure the deadline is not missed regardless of the holidays. Call him first thing in the morning and be sure to mention the Wednesday deadline in any message you leave. Be persistent if you leave a message and don't hear back pretty quickly. Make sure you talk to somebody in the office before noon to express the urgency and get some assurance that your attorney is working to meet the deadline.

Did you get your 2010 return filed and does your attorney have a copy?

[turnipblood]

Did you get your 2010 return filed and does your attorney have a copy?

We sent them in today, and he doesn't have really anything in detail. We worked out the rough estimates on our meeting to file, and provided all the creditors, but we haven't gone over assets or provided income from our business or much of anything.

"The office" is really just him. So what would happen if the case was dismissed? Can it be re-filled? We had to file to save the house from Sherrif's sale. I'm probably being paranoid, but just wondering.

I imagine

[mountanddo]

Sounds like you dragged your feet on filing your taxes after getting the extension if you just filed them. Perhaps he is waiting to receive them before contacting you. Why did you wait until the last minute to send them in?

[turnipblood]

Sounds like you dragged your feet on filing your taxes after getting the extension if you just filed them. Perhaps he is waiting to receive them before contacting you. Why did you wait until the last minute to send them in?

I don't know if "dragged our feet" applies as much as maybe "bit off more than we could chew." We've got 3 & 5 year olds and 2 small businesses between my wife and I, one semi-retail which meant a holiday crush. Multiple years of receipts and taxes...we underestimated the mess I think.

Still no contact this morning, so I'm really starting to wonder now how bad a refile is going to be or if I should try to start preparing forms myself.