A Bankruptcy Attorney’s Peeve

  • 310.376.9865

Do you know what annoys a bankruptcy attorney, well at least this one. When a client calls up and excitedly ask if I can file his bankruptcy today to stop his house from being foreclosed tomorrow, or to stop a wage assignment.

Usually, the client is aware that bankruptcy is a strong possibility that he must consider, but does not actually take the final step until pushed over the edge.

Foreclosure- The client is usually aware that he hasn’t made any payments on his house for some time, that the lender has started a foreclosure proceeding, in fact he has known for several months that the sale date is tomorrow.

Wage Garnishment – The client has normally been served a lawsuit several months ago, and has ignored the consequences until his employer handed him notice of the wage garnishment.

So now the client is requesting an “Emergency Filing.” While Emergency Bankruptcy’s are possible, I do not prepare Emergency Filing bankruptcies.  Why not?

Number One:  A Petitioner must still complete his Credit Briefing Counseling prior to filing – there are only a few minor exceptions to this requirement.  Normally, it takes at least an hour to complete the Counseling course.

Number Two: After filing the Emergency bankruptcy, you have 15 days to file the remaining bankruptcy paperwork and documentation.  Guess what, the Petitioner is not as motivated to finish the necessary steps, and now all the pressure to complete the paperwork is on the bankruptcy lawyer.

A normal bankruptcy takes time to prepare.  I personally prepare the bankruptcies I file, and I keep coming up with questions I didn’t consider during the interview. So, I believe it takes time to prepare a bankruptcy correctly.

While I do not do “Emergency Bankruptcies” a lot of attorneys will assist the client who needs one, however, they will also charge more money.

If you are considering a bankruptcy do not wait until the last minute.

 

  • DISCLAIMER: The content of this website is intended for informational purposes only. Nothing herein is intended to form the basis of an attorney-client relationship or constitute legal advice.
  • Los Angeles/Orange County  Bankruptcy Attorney
  • Law Offices MJ Mann Bankruptcy Attorney
  • 2706 Artesia Blvd, Suite BK
  • Redondo Beach, CA 90278
  • 310.376.9865

 

About: Marvin Mann