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Should it take over a month to file (starting) for bankruptcy-
Do I keep trying to call lawyers office?
Anonymous2 views4 answers
giving all information to lawyer as well as paid to start, took and paid for 1st class but been over a month and I try to call and email but seems very difficult to get a response on if I am filed or how long it will be- was told it would be a few days to a week max- but now not sure if I will need to pay again and retake 1st counseling class.
Manuel Alzamora JuarezCar / Auto Accident LawyerBerkeley, CA ·
All filings are unique. Only your lawyer is knowledgeable of all the facts needed for your filing. In answer to your questions, no it should not take a month to file. If your case is of such an emergency ypu can file in an skeletak form in onwe day. This is for emergency purposes, such as in the event when you need to stop a foreclosure of your property. Or, some other type of emergency, such as a wage garnishment or l a lawsuit file by a creditor. However, when there are no emergencies, there are times when your unique circumstances reqwuire that your lawyer complete all the documentation required for your filing. Your lawyer is responsible for the due
diligence required iin each filing, so be patient, make an appointment and ask yur lawyer what
i s the holdup.
I will just add that your credit counseling certificate is valid for 180 days so that is unlikely to become a problem for you. Do keep trying to reach your lawyer, but also trust that he or she is working to do a careful and thorough job in preparing your documents. It sounds as though the case has not yet been filed since your signature is required on numerous pleadings before that can happen.
A credit counselling certificate is good for 180 days. A responsible lawyer will not file a case without first going over the petition with the client in detail and getting signatures to a number of documents. I had a client one time whose case didn't get filed for over a year after they paid their retainer because it took them that long to give me all the information I needed to prepare their petition, so I think your first step is to ask your lawyer what additional information is needed. If there is some reason for urgency (such as a pay garnishment or seizure on execution), be sure your lawyer knows about it.
Peter Walter WestonBankruptcy AttorneyBellaire, TX ·
Your attorney is in the better position to know when your case is ready for filing, and you should continue to call for progress reports.
As my colleagues have said, each case is unique, and your inquiry discloses no emergency, and your initial eligibility course is good for 6 months.
There can be several reasons for a bankruptcy case to have to wait, often it has to do with documenting pay advices, complying with the means test averages, and general workload.
Probably you should try some more, to find out what needs to be done, and when.
