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How long does it take to file?

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    How long does it take to file?

    It's been 28 days since we met with the paralegal and gave all our information to file Chapter 13. Two days later I paid half the attorney fee and the remainder 12 days later. I was hoping and was assured it would be filed before April 9 when the filing fee increased.

    Then Friday, April 21, I learned it had not been filed and that I could expect a call from one of the attorneys to advise me of what my options are. Really? I'm still waiting. Tomorrow it will be a month.

    How long should I wait before asking for my money back and take it to another firm?

    #2
    We hired our attny on March 30 and the paralegal said she'd have the petition ready for review and corrections in about 10 days. 10 regular days or 10 business days, either one, we're beyond that now.

    The attny and/or paralegal have answered every email and/or phone call since we hired him. So I emailed to find out what the hold up was. Partly it was researching out of State Exemptions, making sure those were applied correctly, and coded correctly, and the paralegal has been on vacation as well.

    May be things going on inside the attny's office you aren't aware of. Give them a call and see what's going on.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Tried that

      Whenever I call the office, the receptionist doesn't know anything and won't put me through to anyone who does.

      It wouldn't be so difficult if we knew something. I kind of feel like Natalee Holloway's mother. The not knowing, being in the dark, is killing me!

      Comment


        #4
        I know that feeling, Gold. At least our attny figured when we hired him that he wouldn't have our petition prepared by the fee cut-off date. They went ahead and charged us the higher fee back in March.

        Hubby was getting really anxious last week and I worked to stave of the itch to call and see what was going on with the attny. We've had a small issue each week since we hired him that I've called or emailed the paralegal about, that I didn't wanna contact them at all last week. Just didn't wanna seem like a pest.

        But Hubby's nerves were killing me!! So I relented and emailed this week. The attny has 2 paralegals that "job share". One works M/W and half day Fri. The gal that's handling our case works T/Th and half day Fri. And she generally returns emails in the afternoon. I'm guessing that's her routine for her work day.

        Today was great news for us. The paralegal was on vacation last week. But the attny had gone over our out of state exemptions with a fine toothed comb. Making sure everything was properly exempted and coded, and she said she should have our petition ready for review by the attny by the end of this week.

        The attny told us at the Consult he'd probably call an attny in our old State for guidance on Statute application. He said how it's written and how it's applied are not always one and the same thing.

        They've been very good to return phone calls and emails and I am so thankful for that. Now we can look to picking the filing date. Gotta look at pay day and the amount of money in the bank, and getting bills paid, and such. Actually getting to file will be a huge relief for us. It seems like we've been in a hold pattern forever.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          SinkingFast,

          I can truely relate to that HOLD PATTERN......................
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            ABA Model Rules

            There is a set of model rules for professional conduct between lawyer and client. They can be found at www.abanet.org and Rule 1.3 and 1.4 refer to Diligence and Communication.

            I called the attorney firm today and told them I needed some form of communication within the next 24 hours. We'll see what happens.

            Thanks to everyone for sharing. It really helps to know others are having the same concerns and problems being patient.

            Comment


              #7
              It Worked!

              I gave the attorneys office 24 hours to return my call and give me an update. They took slightly longer but I did get a call today. Unfortunately, I was gone all afternoon and they were gone by the time I called back. At least now I have a direct line to the attorney and I won't have to go through the receptionist. Hopefully I can make contact tomorrow.

              Comment


                #8
                Amazing when they realize your not stupid, huh!!!! They know the laws too.........

                Dog who barks the loudest - is HEARD!!!!! If not heard - HE BITES!!!

                Minny
                Minny

                "It's amazing the paths that our feet sometimes follow in life".

                My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                Comment

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