QUESTION

Why is my attorney requesting 6 months’ pay stubs for months after filing chapter 7?

Asked on Jul 13th, 2016 on Bankruptcy - Nevada
More details to this question:
I paid attorney up front for chapter 7 in December 2015. After months of having my calls avoided, I still have not received a court date. When I finally reached him, he said new laws require my husband and I to submit 6 month worth paystubs after the date we filed. We also completed credit course and attorney received certificate for our credit counseling completion in January and we still have to court cases.
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3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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There have been no changes to the bankruptcy law since 2005, so if your attorney says there are new laws it's an excuse because he messed something up. In my district, a court date is automatically assigned the day after filing. Even before it was computerized the court date was assigned within 3 days of filing. Are you sure that your case has even been filed? Go to PACER (google it) and check if your case is listed. Counseling certificates are good for six months. If you got yours in January, it expires in July so you need a new one.
Answered on Aug 22nd, 2016 at 6:46 AM

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As to the paystubs, many bankruptcy courts want them filed, and almost all BR lawyers ask for them before filing a case. This is not such a 'new' law, but it might be new to him. More to the point, it sounds like he has not yet filed your petition and started your case. Since your first credit counseling 'briefing' must be done within 180 days before you file, it might be stale by now. Your lawyer's delay seems unusual and suggests he doesn't know much about bankruptcy, or else he is overworked. I would get in touch with him and demand action. You might want to file a grievance against him with the Office of Lawyer Regulation (a unit of the Wisconsin Supreme Court). They accept complaints by telephone. The ground for complaint appears to be lack of diligence, possibly lack of competence, and possibly failure to communicate with you as needed.
Answered on Aug 11th, 2016 at 6:32 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It is true that your attorney must provide the bankruptcy court with all of your wage records covering the past 6 months, but this is hardly a NEW requirement. This has been the requirement for the past 11 years. And it appears that your credit counseling certificate has now expired because it occurred more than 180 days ago. Sounds like your attorney has not done many bankruptcy cases in the past 11 years.
Answered on Aug 11th, 2016 at 10:40 AM

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