Why is this not overwith by now? My husband is not included in this matter and I am trying to help raise two grandchildren
Family Law Attorney
If you've paid all required fees and submitted all required documentation to your attorney, there is no reason why this shouldn't have been done and over with by now (assuming a Chap. 7 was being filed). I would go to the attorney's office in person and demand an explanation. Many times, my clients fail to submit documentation necessary for their case (pay stubs, tax returns, etc.). I ask for them, but I hear nothing back until some time later, they call wanting to know the status of their case. You need to make sure you've submitted everything you were supposed to turn in.
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5 lawyers agree
Definitely would make an appointment. You should expressly ask what specific reasons there are for any delay. At this point, my feeling is that most of the documentation of income you may have provided will need to be updated so that he/she has a full income picture for the six months prior to filing.
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Other than having paid all "requested legal fees," you haven't really said where you are in the process. Has your case been filed yet? Have you had your "Meetng of Creditors" yet? In any event, you should continue to try to reach your attorney and find out the status.
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Have you provided your lawyer with all the information required for him or her to prepare your documents for filing a case? Often times I have clients who become impatient with how much time has passed, but I still have not yet gotten any intake information from them. Your lawyer cannot do anything without getting a significant amount of information from you first. Keep calling and try to set up an appointment if your calls continue to go unanswered.
Chapter 7 Bankruptcy Attorney
Send a letter to your Attorney via Certified U.S. Mail, return receipt requested, and give him or her a contact number where you can be reached about your case. Express your concern that you have not heard anything, and that you would like to proceed with your case. The other posts to your question all raise good points... many times Attorneys believe the client is delaying for their own reasons, where items such as tax returns, debt information and income information (even for a non-filing spouse) is needed to update or complete the bankruptcy schedules and "Means Test." Every bankruptcy case is audited on some level, and the attorney in every case has to sign a Declaration that to his or her knowledge the information contained in the Schedules, petition, etc is true and correct. Approach the attorney in an unemotional manner. By sending your letter Certified Mail, you can verify that the Attorney actually signed for and received your message, and that he or she knows you are experiencing confusion with the process and what is needed on your end. If the attorney is simply retaining your funds and NOT doing any work, after you gave the Attorney a reasonable time to get up to speed and make things right asap, then your last resort is to file a grievance with the local or State Bar Association. I would, again, give the lawyer a chance to call you and get your case back on track. In a high volume practice, it is too easy to temporarily lose track of a case where the client provides only partial information at the first appointment.
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