Need someone to help ease my mind...

[kpelo]

I'm new here...haven't slept a full night's sleep in 6 months and I'm ready to pull all of my hair out.

We have begun the process of filing Chapter 13 in an attempt to save our home and catch up on any other bills we have. Job loss was the initial cause of us falling behind and like a lot of other people, I sort of gave up paying everything on time after 18 months of my husband being out of work. So...now we are behind on both mortgages, my house isn't even worth what the 1st mortgage is but it's my home and I want to keep it. I want to pay my bills and I want to feel better!!

At this point we are collecting all of the info the lawyer asked us for and filling out the packet of questions. It's been a LOT of searching...but we're close to having it all (thank God). I'm beginning to worry because I'm unsure about the amount of time it's going to take the lawyer to get all his info in after I send him the package of info he asked for. I would like it filed ASAP but I am waiting for Mass to send me my copy of the Declaration of Homestead (which is taking forever).

Does anyone know about how long the lawyers need to file for me? Ugh...someone please help me sleep tonight.

[IamOld]

kpelo WELCOME - you will find many many wise and caring people here!!

I can take a shot at your question - once atty has all the info, a few weeks at most - if it's an emergency, they can get an emergency filing together within a day or two...

Take care of yourself!!!!!!!!!!!!!!! And your family!!!!

[kpelo]

An emergency filing - sounds awful! I guess I better find a way to get that last piece of paper ASAP. Thank you for replying

[Freddy03]

Mine wasn't a 13 but 7 and it took my attorney 2 days after I gave him all my paperwork to file.

Good Luck to you

[IamOld]

An emergency filing - sounds awful! I guess I better find a way to get that last piece of paper ASAP. Thank you for replying

Freddy is right - sometimes it doesn't take long at all.

ALSO the Emergency Filing isn't what it sounds like - it's just essentially who you are - just a few pages without the financial info - then you/atty have 14 days to get it in by the 15th day after filing...at least in a 13...

[LadyInTheRed]

Welcome to the board, kpelo!

The best person to tell you how long it will take to get your petition prepared and filed is your attorney. I suggest calling your attorney and telling him you have everything except the homestead exemption and ask if he can get started if you send him everything else now.

I know you are in a rush to get the creditors off your back. But, please don't be in too much of a rush. When your attorney has the petition ready, make sure you take all the time you need to review it carefully, understand it and make sure everything is correct. Don't sign the petition until everything is correct. We too often hear of somebody who just signed where the paralegal or attorney pointed or signed a petition with an error after promises it would be corrected before filing, but it wasn't. Filing a petition with an error is not the end of the world, but it can cause unnecessary complications and stress.

Hang in there. Now that you've gathered all of the information your attorney requested, you've done a huge part of your work. We're all here to answer questions and give moral support as you go through this process.

[IamOld]

ladyinthered is 1000000% correct - I had to redo about 50% of my petition (and she was mad too because of the data entry errors!) you need time to review every line...

[AZNoName]

I turned in my Ch13 paperwork yesterday and they are confident they can file by the end of October.

[AngelinaCat]

Welcome kpelo.

Don't rush in and hire the first attorney you talk to--my DH and I did--and we paid for it dearly. Take your time and schedule consults with several different attorneys. Most will give a free initial consultation.

Filing BK is not the end of the world. It is a smart business decision for you and your family.

Read through some of the various threads. The more you read, the more you will learn--and yes it is very confusing and scarey at first.

In our case, we were trying for a Ch13, but when I lost my full-time job, we had to switch to a Ch7. In our case, our attorney dragged her feet for so long, that we had to go and camp in her office the very last business day of 2007, Dec. 28, to make her file our case. Otherwise, we get a yearly Retirement stipend in January of each year and would have had to wait for 6 months for it to drop off the radar. She could have filed our case any time between July 1, 2007 and Dec. 31, 2007, but as I said, she dragged her feet...

[lillymarlene]

Welcome kpelo,

It probably shouldn't take too long. Around the middle of October last year, I turned in the final piece of the requested paperwork. My attorney filed for me a couple of weeks later.

LadyInTheRed is right, though. The "first draft" of my petition had to be redone. I noticed a day after signing, a creditor had been left off. Then worse shortly after filing, I realized I had forgotten yet another creditor. I also had to pay an extra $250 to have that creditor ammended.

So, I guess it's best to take your time, and thoroughly review everything. Good luck.