How long for attorney to file?

[katrina03]

My husband and I met with a couple of attorneys and liked the second one a lot. We gave her 200 for a retainer, then we immediately sent the rest that she wanted (the balance is being added to the Ch 13). So she had the fee within 3 days of our meeting. We had done all our homework and had all the figures and the budget she wanted. She said it would take a few weeks to get the paperwork together for us to sign, and another "2 or 3 weeks" to file. This seems like a long time to me, so I wondered what others have experienced. I know she will get it filed before our house is sold, but we are trying to file ASAP because of a judgment about to be ruled on.

[gak555]

Something sounds fishy here. I provided my attorney with all of my imput on 07-09-07 and he electronically filed just three days later 0n 07-12-07. 341 set for 08-21-07.

[leftyf]

If your attorney knows about the judgment, I would think they would drop anything else they are working on (if they can) and take care of your issue. Is this a brand new one attorney shop? Maybe she really has a big backlog of filings...also, she may just be sandbagging so she can impress you with how quick she gets it done versus her original time estimate. Haven't filed myself, so I have no real life experience to draw on.

[SinkingFast]

Our attny took months. Nearly 6 months.

We needed to move. He wanted us settled with a few months utilities to establish our costs to live. Meanwhile, that delay tactic was putting more time between our last charges and our filing date.

Could be you've hired an attny who does not yet have a paralegal. Maybe the attny actually does all the filings work themselves. Plus, attnys are supposed to reasonably investigate you prior to submitting your Petition. Make sure the better part of what you tell them is accurate and true. Because attnys can be held responsible for inaccurate petitions.

But if you've got some sort of Legal Action pending, be sure your attny knows to protect your interests there.

[katrina03]

It seems that the attorney "doesn't care" about the soon to be judgement against us. She explained they would probably garnish our wages. I asked her in an email if there was anything she could do to stop it and she said no. It doesn't sound like she will rush the filing to avoid the judgement and possible garnishment or whatever they decide to do. I've been literally sick about this. We couldn't file before because we didn't have enough income for the plan. She is an attorney in a large bankruptcy practice. I'm fairly sure they have paralegals. It's been over a week and no papers yet.

[JRScott]

This judgment I have to ask, is it just the first civil summons most states use? I mean is this the one where basically you do nothing but acknowledge your debt?

Or have they already done that one and are now going to an actual wage garnishment judgment?

In either case if you have retained a lawyer for the purpose of bankruptcy, I'd take it upon myself to contact the party involved. Tell them you have retained a lawyer. Give the lawyer's name and number. Tell them the chapter you are filing and district. They'll ask for a case number but you won't have that yet, tell them that the lawyer is working on the paperwork. This might possibly stop any proceedings. I can't guarantee it will but it might help.

I told the guys seeking a civil judgment from me about my lawyer and gave them the info. I never heard back from them or the court regarding the matter. They just kinda let it slide. This was before the actual filing .

[katrina03]

JRSCOTT-to answer your question about the judgment. The court docket says "motion for judgment on the pleadings". That was filed 7/17. Is there another phase after this where something has to be filed to place liens or garnish wages? (possibly taking more time, I hope) I'm in Ohio, if that matters.

And yes, I did send a letter to the credit card attorney with my attorney's info stating she was working on a bankruptcy filing and a number they can call to verify this.

[guzzie]

you should be ok ...by sending letter of intent to file, they know any way the bk filing will invoke the auto stay and would stop the judgement....good luck...i hope your lawer files soon so at least you'll have your case # if others call.....guzzie