why did it take 5 months for my lawyer to file my bankruptcy

How long does it take to run up debt before filing bankruptcy?

Find out more about bankruptcy forms and documents used when filing for bankruptcy. If you ran up debt during the 70 to 90 days before filing bankruptcy, beware (unless it was for life necessities, such as food, clothing, and utilities).

Should I file bankruptcy before or after a money judgement?

But Don’t Wait Too Long, Either. Also, once a creditor wins a money judgment, the lien rights that accompany it will allow the creditor to garnish your wages, attach your bank accounts, repossess your car, and foreclose on your house. But, in most cases, if you file for bankruptcy before the creditor wins the case,...

What happens if a creditor wins a case before you file bankruptcy?

In most cases, if you file for bankruptcy before the creditor wins the case, the bankruptcy will stop the pending lawsuit and wipe out the debt. You should be aware that bankruptcy offers limited protection against liens, so it's usually good to file your case before the creditor receives a judgment and liens attach to your property.

What happens to your money when you file bankruptcy?

The bankruptcy trustee may file an adversarial proceeding to get the money back from the person or entity you paid and then disburse the funds in equal shares amongst all of your creditors. If you paid an ordinary creditor, then that might not matter to you.

How long does it take for a bankruptcy to be approved?

A Chapter 7 bankruptcy can take four to six months to do, from the time you file to when you receive a final discharge – meaning you no longer have to repay your debt. Various factors shape how long it takes to complete your bankruptcy case.

Why do bankruptcies take so long?

Another factor in how long it takes to complete bankruptcy is your assets and how you want to handle your assets. If there are several liquidation-eligible assets in a Chapter 7 filing, the process will take longer than it would if you have few to no assets.

Are bankruptcies ever denied?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 bankruptcy case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.

What is the 90 day rule in bankruptcy?

The only bankruptcy rule with a 90 day scope is a rule that allows a bankruptcy trustee to recover money from creditors. Section 547 of the Bankruptcy Code empowers a trustee to sue creditors that the debtor paid during the 90 days before the bankruptcy case was filed.

Does Chapter 7 trustee check your bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary. However, it is rare for them to keep close tabs on every account.

How long does the average Chapter 11 take?

Typically, it takes from three to five years to carry out and consummate the Chapter 11 plan of a small business debtor.

How long does it take to process a Chapter 7?

about four to six monthsThe average Chapter 7 bankruptcy case takes about four to six months to complete. The coronavirus pandemic has financially impacted millions. If bankruptcy might be inevitable, think twice before using retirement funds to pay bills. Most people can keep their retirement account in bankruptcy.

Can I spend money after filing Chapter 7?

Frivolous spending after you file could put your case in jeopardy. Spending money willy-nilly after you file for bankruptcy could appear like fraud and upend your court ruling.

What happens if my Chapter 7 is denied?

The reason for the denial will determine the consequences. In some cases, you can convert the petition to a Chapter 13. In others, you remain liable for the debt. If the trustee dismisses the petition due to fraud, you could lose assets and remain responsible for your debts.

Can you withdraw money before filing bankruptcies?

Unfortunately, it doesn't matter if the money is set aside for a specific bill or purpose; if it's not exempt, the trustee can take it. You are allowed to spend the money you have before filing your case. Although that may sound a bit strange, the bankruptcy law and exemptions exist to protect you.

When can I stop using credit cards before filing Chapter 7?

90 daysLet's Summarize... If possible, 90 days before filing is the time to stop using your credit cards once you know that you're going to file Chapter 7 bankruptcy. You can't max out credit cards before bankruptcy just because you're about to file.

What is considered a luxury item in bankruptcy?

What Is a Luxury Item? In bankruptcy law, luxury items are any goods or services that aren't reasonably necessary for the support or maintenance of the filer or the filer's family.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

Does Chapter 7 discharge All debts?

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

What kind of debt can be discharged in Chapter 7?

What Debts Are Discharged in Chapter 7 Bankruptcy? A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.

William Joseph Kopp Jr

Timing is very important in BK. Once there is nothing holding up your case, he/she should file right away. However, if he/she waiting on certain things to fall off your timeline, go with that advice. More

Carl H Starrett II

You need to insist on a better answer from your attorney. Some of my clients take weeks or even months to get me the documents needed to file their case. Others get me what I need within hours or days. We can't tell if the delay is on your for not getting the documents to your attorney or if the attorney is really busy...

Dorothy Ann Bartholomew

You are entitled to a better answer than "not to worry." Ask your attorney what specifically is holding up your filing. More

David Earl Phillips

This would depend on the particular circumstances of your case. If you provided all of the documents needed and you are looking at a Chapter 7, usually within a couple of days the papers could be prepared. Almost all bankruptcy attorneys use computer software which helps speed up the process.

How Long Does It Take for an Attorney to File Bankruptcy After Everything is Turned in?

The good news is that once all of the necessary documents are collected and organized your attorney can immediately begin filing your bankruptcy petition.

How long do you have to wait to file for bankruptcy?

You may have to wait for three months or more after your 341 Meeting of Creditors to hear from the bankruptcy court. The court will hopefully be sending you a written discharge of your debts. Bankruptcy filings are rarely denied at this point. Generally, only a complaint filed by a creditor can delay approval.

How long does it take for a bankruptcy to be approved?

A bankruptcy judge will go over any problems brought up by creditors or your trustee. If issues can be worked out, the court can then decide to approve your repayment plan.

How long does it take to get your first promised payment after filing bankruptcy?

You won’t wait on creditor feedback, trustee input, or the court’s opinion on your payment schedule. Your first promised payment will be due within 30 days after you file for bankruptcy.

What happens if you file Chapter 13?

Once your Chapter 13 bankruptcy is filed, creditors are prevented from contacting you about your debt. They are forced to rely on your payment plan to get their money. An Automatic Stay also prevents foreclosure, eviction, most wage garnishment and can keep your utilities being shut off.

How long does it take to get a 341 meeting of creditors?

After about a month you’ll attend a creditor’s meeting, also called a 341 Meeting of Creditors, where you will answer questions under oath asked by the bankruptcy trustee. Your bankruptcy lawyer will be at your side during this hearing. Creditors usually do not bother attending.

What happens if you file bankruptcy and your creditors don't contact you?

At this time, an automatic stay goes into effect and creditors can no longer contact you about your debt.

What happens if a lawyer fails to file documents?

The consequences of a lawyer’s failure to file documents on time can be severe. Not only can you suffer a financial loss, but you may have to wait a year or more before you receive compensation from the lawyer who failed to properly represent you. If you believe you have a case against a former lawyer, you should reach out to an experienced, full-service law firm with expertise in a wide range of legal practice areas and a proven track record of success.

What happens if my lawyer fails to file a motion for summary judgment?

If your lawyer fails to file such a motion, there is no penalty other than the cost and delay of a potentially unnecessary trial. However, if an opposing party files a summary judgment motion against you, your lawyer must file a written response within the time set by court rules or by the trial judge.

How to recover for malpractice?

To recover for malpractice, in addition to showing that your lawyer breached a duty owed to you by failing to file, you will also need to convince the court hearing your malpractice case that it was the lawyer’s failure to file—not any failure on your part or weakness in your case—that caused the har m you sustained .

What is legal malpractice?

Legal Malpractice. Much of the work lawyers do involves filing various documents. Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy ...

How long does a tort claim have to be filed in Ohio?

However, some tort claims—notably legal and medical malpractice—have shorter, one-year time limits for filing.

How long do you have to appeal a judgment?

However, your lawyer must file a notice of appeal within 30 days after the judgment is final. Failure to appeal within 30 days terminates your right to appeal, regardless of how strong your case may be.

What is summary judgment?

Summary judgment is a relatively common procedure for eliminating seemingly weak claims based on a written motion in lieu of trial. If you have a strong case or defense, you may avoid the time and expense of trial if your lawyer files a motion for summary judgment on your behalf.

How often can you file for bankruptcy?

Bankruptcy works well to wipe out debt; however, you're only entitled to receive a bankruptcy discharge —the order that wipes out your debt—every so often. So it's a good idea to examine whether now is the time or whether you might need to file sometime in the future. Specifically, you can receive a Chapter 7 discharge: 1 once every eight years, or 2 six years after a Chapter 13 bankruptcy filing.

How long does it take to pay back a loan in bankruptcy?

If you pay back loans to friends or relatives within one year of filing, or even other creditors within 90 days of filing, then this may be considered a "preferential transfer." A preferential transfer can be "undone" in bankruptcy.

How does bankruptcy work?

The court ensures that creditors get their share by examining up to ten years' worth of prior financial transactions. Everyone who files for bankruptcy— individuals and businesses alike—will report previous transactions on Your Statement of Financial Affairs for Individuals Filing for Bankruptcy form and include it as part of the official paperwork filed with the clerk. (Legal professionals often refer to this as the "SOFA" form.) Suppose the court discovers that you transferred property in an attempt to avoid paying a creditor or broke another bankruptcy rule. In that case, the court will unwind the transaction and disperse the recovered funds to the creditors.

What happens if you don't file bankruptcy?

If you don't file all of the paperwork, the bankruptcy court might dismiss your case, or you might have to file additional papers to correct the paperwork and pay more fees. If you leave a creditor out, that debt might not get discharged. And, if you forget to include an asset, the Chapter 7 trustee might find it and take the property.

How long before bankruptcy can you get a credit card?

If you ran up debt during the 70 to 90 days before filing bankruptcy, beware (unless it was for life necessities, such as food, clothing, and utilities). The creditor might object to your discharge by arguing that you took out the loan without any intention of paying it back (called fraud). As a general rule, if you took out cash advances or used a credit card to buy a luxury item within 70 to 90 days of filing bankruptcy, then you've committed "presumptive fraud" and might not get to discharge the debt.

What to do if you already made one or more of these errors?

If you already made one or more of these errors, you should consult with a bankruptcy attorney to discuss how to proceed.

What are the penalties for filing bankruptcy?

In that case, you could be subject to criminal penalties, including fines of up to $250,000, twenty years in prison, or both.

How long does it take to get discharged from a debtor in California?

From the date when the last plan payment is made to the date when a case receives discharge and is officially closed can take about 3-4 months. In our jurisdiction, there are a few things that must happen before a discharge can be granted. The Trustee files an accounting report. After that is done, and not before, the debtor or debtor's attorney files a form called "Chapter 13 Individual Debtor's Certifications Regarding Domestic Support Obligations, Section 522 (q) & Eligibility for Discharge" the form can be obtained on the court's website (this is for southern district if you're in a different court - check their website). http://www.casb.uscourts.gov/html/individual_forms.htm it is form CSD 2120. By the way, the fees you paid to your attorney included compensation for taking care of this for you. This form must be filed ONLY AFTER the Trustee files their official accounting report with the court. It's not the notice/letter you receive, it's an actual form filed by the Trustee with the court. If you don't know if this was done yet, you can do a case lookup on www.pacer.gov and check the docket to see what has been filed and when. Also, importantly, you must file, if you haven't already your Certificate of Completing the Financial Management Course AND a signed B23 form. I have my clients actually take care of this at the start of the case so that it is completed and one less thing to worry about and besides some people find the course useful for budgeting purposes while they are in the plan payments mode. If your attorney has abandoned you completely of course you can file a complaint with the state bar, you can file an attorney substitution form, you could mention what is happening to the Trustee's office and maybe you could take care of these two things yourself because they are not terribly complicated, the hard part is done. You can pull the forms down from the court's website and deliver them filled out and signed to the court's clerk. If however your attorney has not abandoned you, let him/her do the work. Some clients get very excited after the last payment and they want the discharge and case closed immediately so they are somewhat disappointed to learn that it takes a bit of time. I have to ask them to be patient and assure them that I haven't forgotten about them. If this tasks are not completed, the case will close without discharge. Although all is not lost. You would incur some filing fee and stamp expenses in reopening the case so that you can take care of these items and get the discharge you deserve. Congratulations on completing the plan payments. I'm sure it's a big relief and hope better things are in store ahead. Take care.

What happens if my attorney fails to file a motion for discharge?

If your attorney fails to file the motion for discharge, then your case will be closed without a discharge. Which means that it's like the bankruptcy never happened, you'd still owe your creditors the full amount, etc.

What happens if you don't follow proper procedure?

See your attorney, anticipate having to pay or hire a new attorney. You are too far invested to risk losing your investment in the process.

What happens if your lawyer knows when your accident happened?

For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

What is the responsibility of a lawyer?

Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.

What happens if a case is a smaller case?

It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.

How do personal injury lawyers work?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.