Chapter 13 process?

[junjun]

Ok so we decided to file for Chapter 13..I am sending my lawyer our paper work on 12/12. They told me it takes about 2-3 weeks for them to right up the petition. Once we check and sign the petition how long does it take for the 341 meeting? I might be getting garnished here soon, I delayed Mann Bracken for another week they already have the judgement approved. I have to call them back in 1 week and I might ask them to give me until the middle of January..I'll make up some crap about giving them a lump sum once we get our tax return..Is it ok to lie to these guys? I haven't mentioned BK to them..I'm afraid if I do they might try to expedite the garnishment..If they proceed with the garnishment can my lawyer stop it prior to the 341 meeting?

I printed out a CMA for my house online..Is this acceptable or do they want an actual appraisal from an appraiser?

[MJJ3767]

I've read this before from other posters that it takes 2-3 weeks. I don't understand this. Once I filled out my paperwork and signed, it was filed immediately. I was in the same situation at you.....I was trying to beat a judgement and garnishment. Once your case is electronically filed, it will hold off the garnishment. You don't have to wait until your 341 meeting. I was told my 341 would be 6 weeks after I filed but I filed on 11/01/08 and my 341 was on 12/03/08. I believe that every district would be different on the time frame.

[justbroke]

If they proceed with the garnishment can my lawyer stop it prior to the 341 meeting?

The filing of your case will stop the garnishment.

I printed out a CMA for my house online..Is this acceptable or do they want an actual appraisal from an appraiser?

Depends on the purpose of you needing the value of your home. It is always best ot have a professional appraisal if you can afford it. In my case, I had to have a professional appraisal as I'm in a Chapter 13 and successfully stripped my 2nd mortgage from my residence.

[michele71]

If I were you I would voice the urgency to your lawyer. Most lawyers who know a garnishment/judgement is this far along will do an emergency filing so the stay is in effect. BK's are filed electronically and the same day you sign your lawyer can file by pushing a button. Make sure you tell your lawyer the urgency.