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    Is this normal?

    Hello, everyone! I met with a highly rated bankruptcy attorney towards the end of October and decided to move forward with Chapter 7. I get a yearly bonus each October, so on October 31 I paid all attorney and filing fees. I have provided all documentation that he asked for, yet we still have not met to finalize the filing. I reached out to him in the middle of December and he responded back that he would finish up the paperwork “tomorrow”, yet here I am a week later and have not heard back. If this normal? Do filings take this long to prepare? I emailed him again and asked that we finish things up and file next week. I think that is fair as I paid all fees nearly two months ago. Am I wrong?



    #2
    That’s a long time between taking your fees and actually filing. I was done in 3 months between attorney consultation, 341 meeting. Would have been sooner but I wasted a few weeks getting my post bk classes done. My discharge date just passed the 23rd of Dec. They file on their computer in minutes. I’d be concerned. If he does not get it done in the next couple days, I’d ask for my fee back.

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      #3
      I filed September the 17th and I’m done

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        #4
        Did a free consolation with my lawyer then Gave my lawyer a $100 retainer.Came back a week later we got all the paperwork together and He got everything ready to submit.Got the rest of the cash together came back paid and he submitted everything the next day.Filled August 29th,341 meeting October 8th,Discharge December 16th and final decree(case closed) December 23rd.

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          #5
          Oh wow, so my attorney and the time he is taking really is abnormal. This is upsetting me. I think I will ask for a refund if it is not filed next week.

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            #6
            I agree with the others. Unless there is a strategic reason to hold off filing, the delay needs to be explained.

            As it stands right now, the income information you gave at the end of October is not the information that is needed for a filing in, say, January, 2020. That 6 month window for the means test has changed and so has some other items.

            I recommend getting in touch with the attny to find out what is going on and not by email. Pick up the phone. Talk to him. Or. . . better yet, set an appointment to physically meet with him. Maybe that bonus you got is the problem since your income in October was higher than normal and will impact the means test. Regardless, you need to know why there has been a delay.

            Des.

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              #7
              Originally posted by despritfreya View Post
              I agree with the others. Unless there is a strategic reason to hold off filing, the delay needs to be explained.

              As it stands right now, the income information you gave at the end of October is not the information that is needed for a filing in, say, January, 2020. That 6 month window for the means test has changed and so has some other items.

              I recommend getting in touch with the attny to find out what is going on and not by email. Pick up the phone. Talk to him. Or. . . better yet, set an appointment to physically meet with him. Maybe that bonus you got is the problem since your income in October was higher than normal and will impact the means test. Regardless, you need to know why there has been a delay.

              Des.
              This could be, but as a teacher, my income is very low. I have a daughter that I care for too, so my income is far below the chapter 7 threshold, especially with a household of 2. The only thing that I can think of is that I had court scheduled on December 13th for child support, as my ex refused to financially support our daughter in any way, for the 6 months after we separated. I will now be getting child support starting in January, so perhaps he wanted to wait until he had that number to report to the trustee.

              I have have continued to send updated bank statements and paystubs for November and December, so he has that information already. I am not happy though, I want to get this done.

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                #8
                Originally posted by ASRTX80 View Post
                Hello, everyone! I met with a highly rated bankruptcy attorney towards the end of October and decided to move forward with Chapter 7. I get a yearly bonus each October, so on October 31 I paid all attorney and filing fees. I have provided all documentation that he asked for, yet we still have not met to finalize the filing. I reached out to him in the middle of December and he responded back that he would finish up the paperwork “tomorrow”, yet here I am a week later and have not heard back. If this normal? Do filings take this long to prepare? I emailed him again and asked that we finish things up and file next week. I think that is fair as I paid all fees nearly two months ago. Am I wrong?

                We gathered all my wife's required documents over a 2-3 hour period and did her paperwork in about 6-8 hours. She filed pro se (without attorney); I filed about a year ago with an attorney (he had everything done and filed within a week or so). We had planned to keep her credit clean but it didn't work out that way. And we had to fill out all 50+pages of forms & do calculations manually... Granted we had an advantage cause I had my paperwork to use as an example. But attorneys use software to input the data and it spits out completed forms....so they should be able to do it faster.

                Apparently, his case load is too high or something... I would demand a refund and find a new attorney. And sue him in small claims if he won't refund. It doesn't take 2 months to complete paperwork and file. And don't forget to leave negative reviews on a few websites.

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