How long can I wait after hiring attorney? 7 Answers as of April 11, 2017

I hired an attorney for chapter 7 bankruptcy and because I paid my parents, I have to wait to file until that payment falls off the books. How does this effect the stay from creditors? My attorney seems to be too busy to answer.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Bankruptcy law states trustees can go back 2 years to set aside payments that are preferences to insiders. However, Missouri law gives them 4 years. At least one trustee uses the Missouri law. You did not say how much the payment(s) was/were.
Answer Applies to: Missouri
Replied: 4/11/2017
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
There is no stay until you're filed. Refer creditors to your attorney & you probably won't get sued waiting to file.
Answer Applies to: Texas
Replied: 4/7/2017
Ronald K. Nims LLC | Ronald K. Nims
A payment to family members is not listed after two years.
Answer Applies to: Ohio
Replied: 4/6/2017
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Four years in Colorado. However, that's just a legal guess. I don't have all the facts.
Answer Applies to: Colorado
Replied: 4/6/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Repaying your parents is called a preferential payment. In itself, has nothing to do with the stay or preventing you from filing bankruptcy. The reason your attorney recommended that you wait is so that the bankruptcy trustee will not sue your parents to return that money so that it can be shared among all your creditors. The look back period for preferential payments is one year. If you want to avoid disclosing this information to the bankruptcy court, that is how long you need to wait since you repaid your parents.
Answer Applies to: Nevada
Replied: 4/6/2017
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