Personal Bankruptcy Attorney not filing for me...why?

[Timscape]

I paid my lawyer (Partner in a firm) last December (2006) to file. He said I qualify easily for bankruptcy and it looks like my only option. I filled out all the forms, did everything he asked.

Since then, it's been excuse after excuse why he didn't file...then his secretary SAID she did, and now he finds out she didn't, and he has to wait until she gets back from vacation to ask her....This has been going on for nine months. Nine months!! This is also more than a year of not paying those credit cards (counting the time I spent with credit counseling of NJ. I no longer make enough to afford their plan).

Also, NJ has a new e-file system that has this attorney stumped and the secretary is no better.

Question: Why? What could benefit this lawyer by not filing? What recourse can I take?

 

[billybankruptcy]

Attornet not filing

Tim - There is absultely NO excuse for this. A competent bankruptcy attorney should have your paperwork ready for your signature within a week or so of receiving the necessary info from you, and file it a day or two after that. As for the electronic filing system in NJ, it has been in effect for years now, and requires every lawyer who files more than 10 documents a year to take a course in its use, be certified to use it, and actually use it. If the attorney doesn't have that many bankruptcy cases, paper filings are accepted by the Court. Your recourse is to demand a refund of every nickel you paid this person, plus $50, because your credit counselling certificate was only good for 180 days and you'll have to pay for another one. If you get yet another runaround, hold your ground and tell the attorney you're going to file a complaint with the county bar association ethics committee.
Lastly, find an attorney who advertises only for bankruptcy cases.
Good luck.

 

[Timscape]

Thank you very much. I have talked with other attorneys in this area (2) and obviously they are hesitant to act against their own, because they told me there is no way I could fight an attorney.

I will verify what you've told me and take action. I honestly didn't think I could do it without paying for yet another attorney. Again, thank you.