How long does it usually take for a court date, right now i'm on month
four(4), from when i hired my attorney and gave him all of my papers
he needed. This is really dragging on, it should be a real easy
bankruptcy to file, the main creditors office is located 45 minutes
from here so they shouldnt be difficult to contact. I can't open a
bank account, I can't buy a car, this is really aggervating. Not to
mention this is week 5 from when they told me they would have my 341
by the end of the week, and so i was told the other3 weeks(havent been
able to get ahold of him this week). Is this normal? By the time I
attend my 341 and get my discharge it will have taken almost a year!!!
Brett Weiss
02-13-2004, 04:25 PM
The Court usually sets the 341 no later than a week or two after you file.
Here in MD, the trustee assignment and 341 date is given at the time you
file.
Has your case even been filed yet?
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@brettweiss.com *
* www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************
"Chris Simmons" <ChrisSimmons1980@Hotmail.com> wrote in message
news:dd85fa9e.0402131349.59e67cfe@posting.google.c om... How long does it usually take for a court date, right now i'm on month four(4), from when i hired my attorney and gave him all of my papers he needed. This is really dragging on, it should be a real easy bankruptcy to file, the main creditors office is located 45 minutes from here so they shouldnt be difficult to contact. I can't open a bank account, I can't buy a car, this is really aggervating. Not to mention this is week 5 from when they told me they would have my 341 by the end of the week, and so i was told the other3 weeks(havent been able to get ahold of him this week). Is this normal? By the time I attend my 341 and get my discharge it will have taken almost a year!!!
K Kim
02-14-2004, 04:27 AM
Maybe your attorney is very busy. Or maybe your attorney want to wait
a little so that he/she can file many cases all at once. It would
save your attorney time and efforts if he/she files many BK cases all
at once.
I hired an attorney in late May last year. My case was filed in early
August. My 341 meeting was in September and discharged in November in
Northern California. In my 341 meeting, I saw another attorney spent
just less than 2 hours in that morning in the court and finish as many
as 8 BK cases. Almost all attorneys there in the court had multiple
cases.
Has your attorney filed for you yet? Have you paid him/her in full
yet? A BK attorney would not file the case for you if you have not
paid him/her in full. Why don't you call your attorney?
ChrisSimmons1980@Hotmail.com (Chris Simmons) wrote in message news:<dd85fa9e.0402131349.59e67cfe@posting.google.com>... How long does it usually take for a court date, right now i'm on month four(4), from when i hired my attorney and gave him all of my papers he needed. This is really dragging on, it should be a real easy bankruptcy to file, the main creditors office is located 45 minutes from here so they shouldnt be difficult to contact. I can't open a bank account, I can't buy a car, this is really aggervating. Not to mention this is week 5 from when they told me they would have my 341 by the end of the week, and so i was told the other3 weeks(havent been able to get ahold of him this week). Is this normal? By the time I attend my 341 and get my discharge it will have taken almost a year!!!
Ripples
02-14-2004, 07:59 AM
My thinking is that the bankruptcy courts are swamped right now. I filed
last January 13th and my 341 didnt happen until March 31st. I wasnt
notified of the 341 date until mid February. I spoke to my attorney
recently and he has received at least 45 additional cases of ch 7 and
ch. 13's, he handled about 100 cases all of last year. With the loss of
jobs, increase in property taxes and the overall lack of income with
many people I foresee it getting worse before better.
So my thinking is that there is a large case load and possibly an
increase in reviewing the cases to see if they fit the chapters that are
being filed.
Rip
Chris Simmons
02-14-2004, 12:01 PM
klm_kim@yahoo.com (K Kim) wrote in message news:<f66f76cf.0402140427.169f696a@posting.google.com>... Maybe your attorney is very busy. Or maybe your attorney want to wait a little so that he/she can file many cases all at once. It would save your attorney time and efforts if he/she files many BK cases all at once. I hired an attorney in late May last year. My case was filed in early August. My 341 meeting was in September and discharged in November in Northern California. In my 341 meeting, I saw another attorney spent just less than 2 hours in that morning in the court and finish as many as 8 BK cases. Almost all attorneys there in the court had multiple cases. Has your attorney filed for you yet? Have you paid him/her in full yet? A BK attorney would not file the case for you if you have not paid him/her in full. Why don't you call your attorney?
Yes, he was paid in FULL as of October 7th, 2003, and as i mentioned,
i have called him " Not to mention this is week 5 from when they told me they would have my 341 by the end of the week, and so i was told the other3 weeks(havent been able to get ahold of him this week)." and when i do get ahold of
him its always, "we will have your court date by the end of the week",
and when i call back on friday, he's left early, every week. This is
very aggercating. By the way I am located in Florida. As whether it
has been filed, it has been, im not sure as of when, but i signed some
papers back in november for him. Apparently my case must not be
important to him, and now i know never to use this attorney for
anything, ever. As for my $1,100 i paid him for his fees, im sure it
was just a few bucks to him for his benz payment...
K Kim
02-14-2004, 04:49 PM
That is not good. You should at least know the date when your case
has been filed. If you do not know, you should ask. In my case, my
attorney's office called me and notified me in the evening on the date
that my case was filed, though I did not get the case number and the
court date at that time. I got my case number and court date a week
later. I am in Northern California.
ChrisSimmons1980@Hotmail.com (Chris Simmons) wrote in message > Yes, he was paid in FULL as of October 7th, 2003, and as i mentioned, i have called him " Not to him its always, "we will have your court date by the end of the week", and when i call back on friday, he's left early, every week. This is very aggercating. By the way I am located in Florida. As whether it has been filed, it has been, im not sure as of when, but i signed some papers back in november for him. Apparently my case must not be important to him, and now i know never to use this attorney for anything, ever. As for my $1,100 i paid him for his fees, im sure it was just a few bucks to him for his benz payment...
Brett Weiss
02-15-2004, 08:18 PM
Call the court and find out if your case was filed. If not, call your
attorney back, tell him he's fired, and that you want all your money back.
Tell him that if he doesn't give it all back, you'll tell the judge that he
sat on your case for 4 months without filing and that the judge will require
him to disgorge *all* fees, and then some.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@brettweiss.com *
* www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************
"Chris Simmons" <ChrisSimmons1980@Hotmail.com> wrote in message
news:dd85fa9e.0402141201.146b2ca5@posting.google.c om... klm_kim@yahoo.com (K Kim) wrote in message
news:<f66f76cf.0402140427.169f696a@posting.google.com>... Maybe your attorney is very busy. Or maybe your attorney want to wait a little so that he/she can file many cases all at once. It would save your attorney time and efforts if he/she files many BK cases all at once. I hired an attorney in late May last year. My case was filed in early August. My 341 meeting was in September and discharged in November in Northern California. In my 341 meeting, I saw another attorney spent just less than 2 hours in that morning in the court and finish as many as 8 BK cases. Almost all attorneys there in the court had multiple cases. Has your attorney filed for you yet? Have you paid him/her in full yet? A BK attorney would not file the case for you if you have not paid him/her in full. Why don't you call your attorney? Yes, he was paid in FULL as of October 7th, 2003, and as i mentioned, i have called him " Not to mention this is week 5 from when they told me they would have my 341 by the end of the week, and so i was told the other3 weeks(havent been able to get ahold of him this week)." and when i do get ahold of him its always, "we will have your court date by the end of the week", and when i call back on friday, he's left early, every week. This is very aggercating. By the way I am located in Florida. As whether it has been filed, it has been, im not sure as of when, but i signed some papers back in november for him. Apparently my case must not be important to him, and now i know never to use this attorney for anything, ever. As for my $1,100 i paid him for his fees, im sure it was just a few bucks to him for his benz payment...