Lawyer seems to be taking to long ???

[stilen621]

What is the name of your state (only U.S. law)? Oregon

Is there a time frame as to how long a lawyer has for filing my bankruptcy paperwork ? He has been paid in full for his fees and the court filing fees for over three weeks. I have completed all the paperwork he has asked me to fill out. I have completed the required class he told me I needed. As far as I know I have done everything he has told me I needed to do.

The reason I ask is I have one debtor that I know wants to file a lien against my house and I need my filing done before I get served the debtor exam papers. I have never spoken to the lawyer personally, just his assistant/paralegal and she knows the urgency of my situation. He has been paid in full for over three weeks now. I have called his office six times and I either get the answering machine or the "I`ll let her know you called" speach and have not got one return phone call. If this lien gets filed before my paperwork does, everything I have tried to accomplish will be for nothing.

What is the name of your state (only U.S. law)? OregonWhat is the name of your state (only U.S. law)?

 

[bigun]

Were I you, I'd drop by his office and demand a meeting with the lawyer or, your next stop will be the count/state bar association as well as a communication to the UST for the district that you'll be filing in.

FWI, 522{f} of the code does allow a judical lein to be stripped if, it impairs an exemption you'd be entitled to.

 

[stilen621]

Thank you Bigun. Another friend who is in the legal proffession suggested a similar thing but said to wait until Monday at the earliest. She also suggested contacting the bar as well. I`m not sure if that would help my situation or make it worse ? I guess that when you pay somebody especially a lawyer, doctor etc you would at the very minimum expect a phone call.

I also Google the 522 {f} that you provided me and I`m sure there must be something specific I need to be looking at but not quite sure what it is. The lien I`m trying to fight off is from a rude selfish family member who wants a part interest in my house from a monetary judgement. The lawyers assistant said it would definately be dismissed in the bankruptcy but it has to be filed first

I guess part of the irony of this is that I got the lawyer from an advertisement here on this site. Hmmmm. Any other info would be greatly appreciated. Maybe I`m stressing over something I dont need to be which I hope is the case.
Thanks again

 

[bigun]

Here's 522{f}

11 U.S.C. 522

(f)

(1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is--

(A) a judicial lien, other than a judicial lien that secures a debt of a kind that is specified in section 523(a)(5); or

 

[stilen621]

Were I you, I'd drop by his office and demand a meeting with the lawyer or, your next stop will be the count/state bar association as well as a communication to the UST for the district that you'll be filing in.

FWI, 522{f} of the code does allow a judical lein to be stripped if, it impairs an exemption you'd be entitled to.

Holy heck !!!! Thank you thank you thank you Bigun. I didn`t know what "UST" stood for so I Googled it, got the number for the office here in Oregon. I called and spoke to one guy who said he would call the lawyer (I`m thinking uh huh, sure) Ten minutes later the lawyers office called and apologized and said everything would be filed on Monday. WOW !!!! Thank you so much

 

[bigun]

Glad I could help.
Hope things go smoothly with your bk.