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Is there a statute of limitations on filing Chapter 7 Bankruptcy?

Location: Brookings  |  Law type: Bankruptcy law attorneys

An individual said he's paid the retainer to an attorney to file Chapter 7 Bankruptcy.

What if the Bankruptcy Chapter 7 was never filed? Can you get your money (retainer fees) for unfilled bankruptcy back and how? What to do, if you feel, like you paid for nothing?

In January 2018, I called the attorney and he said the retainer is paid in full but he's not sure when the bankruptcy will be filed because he's waiting for more paperwork (forms you must fill). It's now October 2019. What is my recourse on the consumer or the attorney?


Quick reply related to retainer fees and Chapter 7 bankruptcy:

Hello, thank you for your question related to filling Chapter 7 Bankruptcy.

Some people, mainly debtors may ask is whether bankruptcy (for example when filling Chapter 7 bankruptcy) has a statute of limitations and what happens if a creditor does not file a proof of claim Chapter 7 and thus the bankruptcy trustee will not make any payments to that creditor. There are many articles on this topic, some of them are below. Just read them or ask more detailed (specific) question.

Chapter 7 Bankruptcy - forms you need to file - nolo.com

  • B 101 Voluntary Petition for Individuals Filing for Bankruptcy
  • B 101A Initial Statement About an Eviction Judgment Against You (only if you have eviction judgment against you)
  • B 101B Statement About Payment of an Eviction Judgment Against You (only if you have eviction judgment against you)
  • B 103A Application for Individuals to Pay the Filing Fee in Installments
  • B 103B Application to Have Chapter 7 Filing Fee Waived
  • B 106 Summary of Your Assets and Liabilities and Certain Statistical Information
  • B 106A/B Schedule A/B: Property
  • B 106C Schedule C: The Property You Claim as Exempt
  • B 106D Schedule D: Creditors Who Hold Claims Secured by Property
  • B 106E/F Schedule E/F: Creditors Who Have Unsecured Claims
  • B 106G Schedule G:Executory Contracts and Unexpired Leases
  • B 106H Schedule H: Your Codebtors
  • B 106I Schedule I: Your Income
  • B 106J Schedule J: Your Expenses
  • B 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2
  • B 107 Your Statement of Financial Affairs for individuals Filing Bankruptcy
  • B 108 Statement of Intention for Individuals Filing Under Chapter 7
  • B 121 Your Statement About Your Social Security Numbers
  • B 122A-1 Chapter 7 Statement of Current Monthly Income
  • B 122A-1 Supp Statement of Exemption from Presumption of Abuse
  • B 122A-2 Chapter 7 Means Test Calculation

How to find an excellent bankruptcy lawyer for your case related to Chapter 7 and retainer paid  to an attorney? Browse our list of Bankruptcy law attorneys near you and resolve your issue! Compare attorney fees when filling Bankruptcy Chapter 7, experience, reputation among clients, and services offered. 

Legal question "Is there a statute of limitations on filing Chapter 7 Bankruptcy?" has been written 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Brookings & area of law: Bankruptcy law attorneys. Latest answer commented 3 weeks ago.
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Would you like to find an experienced bankruptcy lawyer near me (you) quickly and for a good price? Generally, bankruptcy law can provide a timeline (arrangement) for the repayment of non-dischargeable personal (corporate) debts. The ability to repay secured debts is valid for both Individuals as well as organizations (governmental and private). Bankruptcy comes in five varieties where each offering different options "settling" with debts.

  1. Chapter 7: Cancelation of unsecured debts (credit cards and personal loans). Bankruptcy law in the United States has changed dramatically in 2005. Liquidation of personal debts under a Chapter 7 is the most common form of debt relief. Most of chapter 7 cases are classified as "no asset".
  2. Chapter 9: Reorganization of municipalities and related local entities sheet (not for Individuals and Corporations). A chapter 9 of bankruptcy law in U.S is very special. It is a form of debt reorganization (not disposal). Remember, it is only avaliable to Municipalities
  3. Chapter 11: This chapter Provides a lot of options to reorganize debt. There are options such as "debt cancellation", repaying some debts for Individuals, etc ...
  4. Chapter 12: Restructuring of debts for Family Farmers is done according to this chapter.
  5. Chapter 13: repayment of some debts over a period of three to five years + reduction on secured debts and their elimination.

Is it better to file for a bankruptcy under Chapter 11, Chapter 12 or Chapter 13? It depends on your case. Your first step should be finding and hiring the best and most affordable bankruptcy attorney near you. Bankruptcy proceedings in the United States are (should be) supervised by District and Bankruptcy Courts governed by the bankruptcy rules (promulgated by the Supreme Court - www.supremecourt.gov)

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