How long does it take to file for bankruptcy? 7 Answers as of November 23, 2010

It has been 3 months since I hired a bankruptcy lawyer to file for me and nothing has happened. I called several times trying to find out where my case is, but my calls were never returned, and so far as I know, my case has not moved forward at all. I would like to hire a different lawyer, but I do not know whether it will be any better with someone else. How long does a bankruptcy case usually take to file?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
It depends on if you are filing for Chapter 7 or 13. My 7 cases are usually filed within 2 weeks once the client has provided all necessary information. The 341 hearing usually is set within 45 days thereafter. Let me know if you have any further questions.
Answer Applies to: California
Replied: 11/23/2010
George Hoselton Bankruptcy Attorney
George Hoselton Bankruptcy Attorney | George Hoselton
A bankruptcy can be filed the same day IF, all creditors are provided, fees are paid in full and credit counseling is completed. From the time the case is filed until it's discharged is about 90-120 days. Once your case is filed you will receive documentation from the courts.
Answer Applies to: Oregon
Replied: 11/22/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Every case is different but generally if your fees are paid in full the case should be filed in weeks.
Answer Applies to: California
Replied: 11/22/2010
The Shakoori Law Group
The Shakoori Law Group | Rachelle Shakoori
If you have given them all the information and have paid them, it should not be long at all.
Answer Applies to: California
Replied: 11/22/2010
Royzman Law Firm
Royzman Law Firm | Natella Royzman
First of all, it is completely unacceptable that your attorney is not returning your calls. Whatever complications are involved in your case, you should be clear on what is going on. A bankruptcy can be filed very quickly - even on the same day if the case of an emergency. The time frame for filing usually depends on how quickly the client provides the necessary information and completes the required pre-filing credit counseling. I am sorry to hear that you have had such a bad experience with your attorney - it reflects poorly on our profession. If you can't get things straightened out soon, you should contact someone else.
Answer Applies to: California
Replied: 11/22/2010
    Maclean Chung Law Firm
    Maclean Chung Law Firm | David H. Chung
    Bankruptcy does not take long to file. Usually the delays are caused by the clients failure to provide information. If we have all the information from a client and the client has taken the credit counseling course, we usually file a bankruptcy within a few days (2 to 3 days). You should contact your current attorney and get your fees back and hire a new attorney.
    Answer Applies to: California
    Replied: 11/22/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    How long it takes to file depends on a multitude of factors, not the least of which is how long it takes you to provide necessary information to your attorney. I have cases that I have turned around within 24 hours after receiving my clients worksheets, and others that are going on 3 years now because the clients have not gotten me necessary information.

    I do not know the specifics of your circumstances, but if your attorney isn't returning your phone calls, that's a pretty good sign right there that you need to switch.
    Answer Applies to: California
    Replied: 11/22/2010
Click to View More Answers: