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how can I get my attorney to file my CH 7 ?

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    how can I get my attorney to file my CH 7 ?

    I hired my BK attorney in Oct 14, 09 and submitted all my paperwork he requested, made my final payment to him for services in dec 1, 2009, completed the credit counseling and submitted the certificate and submitted updated documents on a regular basis. I have repeatedly requested him to prepare my CH 7 file for my review and approval, but his para-legal assistants keep telling me there are other applicants ahead of me and they have emergencies. I want my Ch 7 filed but the attorney I chose and paid for, is dragging this out too long.
    What can I do to get them to act on this ch 7 fileing?

    #2
    i would keep bugging, and if they keep putting you off say you'll take your business to another attorney and ask for your money back right away. that will get them going hopefully.
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

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      #3
      A swift boot up the a$$?
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        Originally posted by Gracious View Post
        I hired my BK attorney in Oct 14, 09 and submitted all my paperwork he requested, made my final payment to him for services in dec 1, 2009, completed the credit counseling and submitted the certificate and submitted updated documents on a regular basis. I have repeatedly requested him to prepare my CH 7 file for my review and approval, but his para-legal assistants keep telling me there are other applicants ahead of me and they have emergencies. I want my Ch 7 filed but the attorney I chose and paid for, is dragging this out too long.
        What can I do to get them to act on this ch 7 fileing?
        Where are you in ca ?? if your in my area, and yours keeps stalling, send me a PM and i'll direct you to a good one.
        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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          #5
          Show up at the office.

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            #6
            Originally posted by supercrash View Post
            Show up at the office.
            This is the best suggestion.

            Refuse to leave unless (1) he performs his duty then and there (he can file online PACER, or (2) he returns all of your file to you with a full refund, and you will make a complaint to his bar association in any case. (3) Threaten to sue him in small claims Court for non-performance. (he won't want that on Public Record) 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              #7
              Originally posted by supercrash View Post
              Show up at the office.
              yup, this is by far the best way. but, it's time consuming... when you are there, try to see the lawyer himself, don't let them pass the buck from paralegal to paralegal...
              filed ch7 May 09
              341 june 09
              discharged, closed Aug 09

              Comment


                #8
                Originally posted by Gracious View Post
                I hired my BK attorney in Oct 14, 09 and submitted all my paperwork he requested, made my final payment to him for services in dec 1, 2009, completed the credit counseling and submitted the certificate and submitted updated documents on a regular basis. I have repeatedly requested him to prepare my CH 7 file for my review and approval, but his para-legal assistants keep telling me there are other applicants ahead of me and they have emergencies. I want my Ch 7 filed but the attorney I chose and paid for, is dragging this out too long.
                What can I do to get them to act on this ch 7 fileing?
                if you threaten a bar complain- that will light a fire.

                If they keep telling you there are "emergencies" ask them for a specific date on when you will be filed.

                Then tell them if you are not filed in ____ (maybe 2 weeks?) you will demand a full refund of money paid to him and file a compalint with the State Bar.

                Just make sure you really are done with all filing requirements before doing any of this
                Filed Pro Se: 10/16/2009
                341 Scheduled: 11/23/2009
                Last Day for Objections: 1/22/2010
                Discharged: 1/28/2010

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