If I hired an attorney for bankruptcy how long should I wait for him to file? 16 Answers as of February 27, 2014

I hired an attorney for bankruptcy. How long should I wait for him to file? I paid in full three times. He said he would have paperwork ready so I can file then when I am suppose to see him he says he was in court. How long should I wait for him he keeps changing when he will be ready?

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Kirby G. Moss PC | Kirby G. Moss
It shouldn't take more than few days.
Answer Applies to: Indiana
Replied: 2/27/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Once I have all my documents from the client and they have paid in full, I file within a few days.
Answer Applies to: New York
Replied: 2/18/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Sounds like NOW.
Answer Applies to: New York
Replied: 2/18/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Once the legal fees have been paid in full (or partial in a chapter 13 arrangement) and all the documents needed to prepare the petition have been received, the case should be prepared and filed promptly. Granted that the attorney has other cases and needs to manage his/her time accordingly. My policy is that clients should provide needed documents along with a payment a week prior to their desired filing date. My turn around averages 3-5 days depending on the needs of the particular client. The exception is where a case needs to be filed immediately due to impending threat to assets in which case an emergency skeleton petition can be filed within hours, not days. I am confused by your comment "I paid in full three times". Some firms prefer to file cases on particular days in order to consolidate as many as possible so that they can limit their travel to the Trustee hearing which is typically scheduled for on same hour if you file multiple cases one after another. I also find it convenient to travel to the hearing and handle as many as possible during that hour. However, I have to balance that convenience with the needs of my clients and offering flexible schedule and office hours is one of the values offered which may be overlooked in the quest to hire at cheapest possible price.
Answer Applies to: California
Replied: 2/18/2014
Law Offices of Eric W. I. Anglin
Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
I suggest that you demand a face to face meeting to discuss your case and if his explanation is not acceptable then ask for your money to be returned and documents and hire another attorney.
Answer Applies to: Indiana
Replied: 2/18/2014
    Stephens Gourley & Bywater | David A. Stephens
    If the paperwork is ready and signed, it can be filed anytime unless there is a reason to wait.
    Answer Applies to: Nevada
    Replied: 2/18/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    It sounds like your attorney might have some time management challenges! The best way to get his attention is to tell him you want your money back if he delays much longer. That should get his attention. If not, you may have to pay him for work already performed, but if you have to pay, make sure you get copies of all the work he did so you can take it to another attorney or maybe even file the papers yourself if that's feasible for you.
    Answer Applies to: Oregon
    Replied: 2/18/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    That is ridiculous - those papers should be ready. Once I have all the clients documents, it should not take more than a couple of hours to complete the paper work for filing.
    Answer Applies to: California
    Replied: 2/18/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It depends on lots of factors that you haven't addressed. 1) is your tax refund exempt? if not, you probably will want to receive & spend it before filing bankruptcy. 2) have you provided your attorney with income records covering the past 6 months? If so, have you updated your pay records through today? 3) have you provided your attorney with copies of your recent tax returns, including your 2013 return? 4) have you completed pre-bankruptcy credit counseling & provided the certificate of completion to your attorney? If so, has the certificate expired? These certificates only last 180 days. 5) have you reviewed all of the bankruptcy petition & schedules and told your lawyer that everything in the schedules is accurate? If so, did you sign the petition & schedules? If you haven't seen your petition & schedules and have provided your attorney with the required documents, something is wrong. If you can't get an answer, the office of the US Trustee can investigate what is wrong on your behalf.
    Answer Applies to: Nevada
    Replied: 2/18/2014
    Law Office of Robert Sisson | Robert Sisson
    If you have gotten him all the info he needs to complete his work, it shouldn't typically take now than a week.
    Answer Applies to: Wisconsin
    Replied: 2/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Ordinarily it should not take more than a week to prepare a bankruptcy petition even if it is quite complex. I would give your attorney a deadline within which to provide you with the petition to sign and if he does not meet this deadline I would demand full refund and report him to the state bar.
    Answer Applies to: Nevada
    Replied: 2/18/2014
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    Make an appointment to go to his office to review the Petition and Schedules. Verify before you go that the attorney is not awaiting information from you. When the Petition and Schedule are accurate, you must sign them, and then the case should be filed electronically to the Bankruptcy Court. Make certain that your financial counseling course has not expired. The attorney must disclose all compensation so make sure that is included.
    Answer Applies to: New Jersey
    Replied: 2/18/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Why would you pay in full 3 times? If you truly have paid in full, I'd would be asking for a refund and hiring someone else. Depending on the situation it can take a month or two to get you in to sign the documents so that they can be filed. Usually we are waiting on some info from the client if it goes more than a week or so. It also doesn't make since that he would have the paperwork ready so YOU could file them, that is part of the attorney's job. I would send a letter asking him to respond in writing so that you know exactly why it is taking so long. Good luck, something is definitely not right but I don't have enough info to know whether it is all his doing or if these delays are because he is waiting on something he needs from you.
    Answer Applies to: Michigan
    Replied: 2/18/2014
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    If you have paid the retainer, obtained your credit counseling certificate and your schedules and statement of affairs have been completed, unless there was some time period to elapse for some reason, there should be no reason for your case to remain unfiled. Have you contemplated making an appointment to see your bankruptcy counsel to determine where things stand. S/he may be your attorney, but you remain the client.
    Answer Applies to: Massachusetts
    Replied: 2/18/2014
    Law Office of Josue S Villanueva
    Law Office of Josue S Villanueva | Josue Villanueva
    Emergency- few minutes. Complete filing - depending how soon you provide the necessary information.
    Answer Applies to: California
    Replied: 2/18/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    It sounds like you need to schedule a meeting about the delay.
    Answer Applies to: South Carolina
    Replied: 2/18/2014
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