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What is a reasonable time for a attorney to file a bankruptcy case?
Depends, mostly on whether the client has all his information required to fill out the BK petition. If he has pay stubs, copies of tax returns, all his bills, bank statements, property records, promissory notes, and any other papperwork that indicates debts or assets, then an attorney should be able to file a BK within 1-2 weeks, depending on how busy he is. If the BK filing is an emergency, the attorney can file a "skeleton" BK petition that day or the next (but would be required to file the rest of the petition within 14 days). It is highly unlikely that an attorney would file the BK petition until he has all the required information. An attorney is also unlikely to file an "emergency" BK petition unless the believes the client can provide the missing paperwork within those 14 days.
What should you do if an attorney you had filed a chapter 13 bankruptcy after you told him not to?
Request a voluntary dismissal of the BK 13, and find another attorney if necessary.
How do you compel a BK trustee to take a full cash payment and discharge the BK?
You can compel the BK trustee to take full cash payment and discharge the bankruptcy by going to his/her office in person or setting a court date. Your attorney can advise you the best path to take.
If you filled for bankruptcy then modified a mortgage can the mortgage company come after you or will it still be in your bankruptcy?
Great question for your BK attorney
How can you get out of a Chapter 13 bankruptcy if you have been in it for 10 months and you've decided that you were better off as you were before?
Contact the attorney that handled the BK or the BK trustee and inform them that you want to file a petition for a voluntary dismissal of the "13".
Should you tell your bankruptcy lawyer if you have claimed bankruptcy in the past?
Yes- attorney needs to know if you ever filed BK (what type and when).
Can you sue to get your bk liquadated property back?
The question is entirely too broad and no information is given. Contact a practiced attorney who specializes in real estate law.
If you have retained a lawyer for bankruptcy but have not paid all of the fees can a creditor still take you to court to garnish your wages?
Obviously I don't know the agreement you made with the attorney. But in general, once a retainer has been paid, a lawyer begins "acting on your behalf." Which means he/she would be letting your creditors know that you are filing a BK. And any legal action they might take, would be futile, ntil after the filing. At which time they could object and ask to have their debt dismissed from the BK. BK will halt any judgment that has been awarded. It does not matter if you have hired an attorney. The part which stops the garnishment is the FILING of the Bankruptcy. With a Chapter 7, the attorney can refuse to file until all attorney fees are paid since his or her debt is discharged along with everything else.
If you repo'd a car and after the fact the customer's attorney called and notified you that the customer had filed for bankruptcy and you were required to return the vehicle do you have to return it?
Absolutely. Any creditor action including repossession cannot be taken after the filing of a BK and/or before the BK is completed and discharged. The vehicle will have to be returned to the borrower to await action by the lender such as requesting the BK stay be lifted or a reaffirmation agreement made between the lender and borrower.
What is is bk?
the term 'BK' stands for burger king. if someone calls you a 'bk' they are probably referring to you as a 'Bk Random' which is just a random person..the bk is totally irrelevant.It means Bad Kid.
If some creditors still contact you about preexisting debts after filing Chapter 7 what recourse do you have prior to contacting your attorney?
You can inform them of the Circuit Court (or whichever applies) the BK was filed, and the Case/Docket numbers. However, the attorney handling the filing should be notified. Dealing with creditors is part of (or should be) the client and attorney agreement.
How old does your car have to be to file under chapter 13 bk law?
There is no age limit for cars. The amount of equity you have in the car can matter, but in a Ch 13 it only effects the payments you have to make. Consult an attorney for details. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
