I paid and turned in all my paperwork to file bankruptcy months ago but haven't heard back yet???

Question

My husband and I turned in all my paperwork and have paid a lawyer for chapter 7 bankruptcy. I first completed and turned everything in to the lawyer in May, but when I called him at the end of June he told us that he needed more check stubs when we turned everything in already. Now it's almost September and we haven't heard anything back from him. So we called his office and he told us that he will file in the morning and need more check stubs from us, but he will still file. So he told me to call for the case number in the morning and when I called he still didn't file and that was three days later. We paid him and we turned in our paperwork months ago. What should we do? We live in St. Louis, Missouri, is there any advice someone can give my husband and I??

Answer 1

First...when filing for the chapter 7 bankruptcy, it is required to have all the pay stubs for the last 6 months, required by the courts, so if you were missing some, that could put a delay on the filing, but...they should have called you and requested that from you. If your pay stubs were the same each week or however you were paid, they could have estimated the wages to present to the courts, and explained to the judge that you didn't have all of them. Now...here's some leverage for you, call the attorney in the morning, tell them you have paid for their services and you want this case filed, or you will file a complaint with the bar association, that should get them moving. Anytime someone hires an attorney, you have the right to fire the attorney for not providing the services to you. You can consult with another attorney, but it may cost you another retainer fee, or as well you can contact the bar association and they can refer you to legal counsel that may do the filing on a pro bono basis.

Here's a link to the bar association in Missouri   http://www.mobar.org/

Obviously, if you turned all your stubs in already, they have mis-placed them and it's not your fault or aggravation to have to deal with it again. Stay tough with the attorney, and call the bar association and complain if you have to...That's what they are there for.....