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How to Prevent Delays in Your Bankruptcy Case

On Behalf of | Dec 2, 2013 | Bankruptcy Basics

If you are considering filing a Chapter 7 or Chapter 13 case, you are probably concerned about how long it will take. Most Chapter 7 filings take four to six months and a typically Chapter 13 case lasts three to five years. In order to prevent delays in your bankruptcy, below are few helpful tips:

  • Determine your eligibility. When you decide bankruptcy is likely the best option for you, it is important to confer with an experienced bankruptcy attorney to determine what type of filing you qualify for. If you do not currently qualify for a Chapter 7 filing, your lawyer may delay your filing until you are under the monetary threshold and eligible to file. This strategy includes waiting until you no longer receive overtime pay or until your bonus period ends. Again, this approach and the consequences of this strategy should be thoroughly explained to you by your attorney.
  • Be involved.  Many bankruptcy cases are delayed because debtors and their attorneys fail to effectively communicate. Do not worry about bothering your lawyer by keeping track of the status of your case. It is much easier to work with a client that is involved than one who won’t return your telephone calls or emails. Many times your lawyer simply needs you to supply a document in order to keep your case moving.
  • Strategic timing.  Your attorney may intentionally stall in filing your case in order to protect assets or implement some other beneficial strategy. Of course, your lawyer should clearly discuss this approach with you in advance.

If you have questions about filing for bankruptcy protection, contact Levitt & Slafkes to schedule an appointment. We are bankruptcy lawyers who know how to make a difference in your financial situation. We have experience you can rely on and we care about your results. Contact our New Jersey law firm online by filling out the form or by calling 973-323-2953 to schedule a free initial consultation with an attorney at Levitt & Slafkes, P.C..    

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