Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: I have been trying to resolve my credit card issues with a Debt Relief Agency (which was unsuccessful) and through filing a Bankruptcy with an Attorney. This has been going on for over a year. The current Attorney, which I am releasing, managed to get a refund from the Debt Relief company but has not been able disclose all of the information needed to file the Bankruptcy in a reasonable amount of time. I get asked for current statements, current payroll informtion, then last 6 months bank statements, then last 3 months payroll, then current year tax returns, then last 3 years tax retuns.......it goes on an on with the requests for more information. I have been garnished and may lose my job of 14 years. How can I get this filed as soon as possible with another attorney or law firm? It should not have taken almost a year with this attorney. Please advise.
Response: I agree that it should not take a year to file for bankruptcy. However, any attorney that you hire would need basic information in order for the case to be filed. The information needed is a rolling information because current information is needed. So, when your attorney requests for your income for last 6 months, let say information from December 2010 to May 2011 and you did not provide the information until June 2011, then the months needed would change from December to June 2011, etc. The attorney would need this six months income for Means Test Calculation. There are no exceptions. As for tax returns, the information needed to file is two years worth. Also, income within 60 days of bankruptcy filing is needed. This information required by the new Bankruptcy Law that went into effect in October of 2005. So, in order to get your case filed as soon as possible, you need to promptly give the new attorney all the information requested at the same time. If you provide all the information that is requested, your case should be filed in days and not weeks.
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