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    September 2010
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File bankruptcy tomorrow?

How bankruptcy works, You & your lawyer

It’s happened again:  there’s an email in Monday morning’s inbox from a client whom I first met weeks ago, who tells me they want to file before Wednesday’s mediation in state court!  I have no creditor information, representation agreement, money, or credit counseling certificate.   Just as inconvenient, I’m not sure I have staff who can drop everything (related to clients who planned ahead and played by our rules) to make this happen.

Clearly I’m not communicating to clients what is involved in getting even a skeleton petition on file.  Lots of clients seem to think that I may be able to file the petition without any involvement on their part beyond providing info and money.  Wrong.

The bankruptcy paperwork is filed with both the client’s signature and my signature.  We are both attesting to the accuracy of the information and the debtor’s eligibility for  bankruptcy relief.

The full filing is even more information intense:  budgets looking forward and backward; recent financial history; intentions with respect to secured debts.  All of it is doable, just not with a snap of the fingers.

Got to go:  got a skeleton to assemble before Wednesday.

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