How Long Until I Can File?

Many clients want to know at the consultation how long it will take to file their bankruptcy. Morse Law is designed to file bankruptcies exceedingly quickly. We only do consumer bankruptcies and as such, every member of our staff is able to contribute to getting your bankruptcy filed as soon as possible. In some instances we have been able to file bankruptcy in a matter of hours after having first met and analyzed a client’s situation. At the same time, we pride ourselves on the quality of our drafting. When time permits in a particular case, our bankruptcy petitions will go through as many as 3 times as many reviews as is customary at most firms.

For the most part, the time between meeting the client and filing depends heavily on the client. In a Chapter 7 bankruptcy for instance, a client must pay their fees first before their case can be filed. This rule is not the prerogative of Morse Law but rather a product of the bankruptcy code itself.

When a Chapter 7 bankruptcy is filed, an order called the “automatic stay” order goes into effect. This order prohibits all collection activities for debts incurred prior to filing. This order also encompasses your representation contract with Morse Law or any other law firm. If Morse Law was to collect fees from their clients after filing a case on their behalf, we would essentially be violating the order that we asked the Court to put into place for our client’s protection. If we were to do this, Morse Law would be jeopardizing the very case they had filed on your behalf.

It is for this reason that I strongly encourage people who are concerned about their debts to come in before that concern reaches a critical mass. While it is not easy for anyone to pay attorney’s fees, especially at a time when they are considering a bankruptcy filing, it is considerably harder to pay attorneys fees at a time when your bank accounts are being seized or your check is already being garnished by a creditor who has successfully achieved a judgment against you. In many instances, our attorneys and staff are able to give clients ideas on how to pay for their bankruptcy or to work with them regarding fees based on the client’s particular ability to pay.

If you have any concerns that your debts could lead to a garnishment or a seizure of your bank accounts or property, please call Morse Law at (303) 300-6684  in advance of this situation so that we can best direct you on how to handle your particular situation.

In addition to attorney’s fees, clients are given a list of documents by their attorney specific to their case that they will need to provide so that their attorneys can draft their bankruptcy petition. Bankruptcies cannot be filed until these documents have been received. Most of the documents that are requested will eventually be submitted to the Court in the form of evidentiary packages.

If a case is filed without these evidences, namely your taxes and pay stubs, the Court will instantly dismiss the case and the client will lose their filing fee. The client will then have to repay the filing fee in order to re-file the case correctly. It is not in the interest of the client to file a bankruptcy until all of the documents have been produced. It is further disadvantageous to the client to file without all of the documents as missing documents could provide evidence of issues that the attorney would not have been able to be foresee had the documents been provided.

As soon as the attorney’s fees and documents requested have been produced to Morse Law, we will begin the process of drafting your bankruptcy petition. Most bankruptcies can be drafted if need be in as little as one day. If you are facing a particularly quick situation such as an impending property/money seizure garnishment or a foreclosure, Morse Law will forego the process of mailing the petition. Morse Law will simply have you come into the office to go through your petition with an attorney and to sign where appropriate. In some instance, where the client lives a particularly long distance from the law firm we have availed ourselves of newer technologies regarding the internet to supply our clients with their petitions almost immediately.

As soon as your documents have been provided and your bankruptcy petition has been signed, Morse Law will use their electronic filing system to instantaneously file your bankruptcy petition with the Court. Not all law firms avail themselves of the electronic filing process. This electronic filing process allows us to literally catch seizures and garnishments moments before they are issued by a creditor debtor’s employer. This prevents unneeded loss of wages/monies at a time when you can least afford to part with them.

Probably the most critical time lost in anticipation of filing a bankruptcy is the time between the debtor realizing they need to seek counsel and the time they choose to seek that counsel. For most people the writing has been on the walls for weeks, months or maybe even years depending upon the financial situation. Waiting for things to get better or for luck to change generally does not solve a person’s financial situation. There is no harm or obligation in conducting an initial free consultation with one of our attorneys. If nothing else, you can get an honest appraisal of your situation and know how best to proceed to safeguard yourself and your interests.

I encourage anyone with a concern over their finances, specifically those with the concern of losing property or assets that they hold dear, due to their overwhelming debt and the collection they are undergoing, to contact Morse Law. They should contact Morse Law immediately, so that they can sit down with one of our attorneys for a free initial consultation and with their attorney advocate decide how best to proceed in their particular situation to safeguard their interests.

You can reach Morse Law day or night at (303) 300-6684  in order to set this consultation. There is no money or fee paid for the consultation. We do not believe in charging fees before we are aware if our advice will be of any use to the client or not. You will however need to bring in some information to the consolation so that we can more properly advise you.

This information generally consists of a couple of recent pay stubs, your most recent tax year filed and a list of creditors and/or credit report. If you need help acquiring these items, feel free to call us and we would be glad to assist you in locating them. If you can only acquire one or two of these items, that is fine. Do your best and we will advise you as best we can with the information you have already.


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Contact Information

Denver Office:
Morse Law, LLC

  • 910 16th Street Mall Ste 1100
    Denver, CO 80202
  • 303-300-6684
  • 720-941-2755

Colorado Springs Office:
Morse Law, LLC

  • 121 S Tejon St Ste 1107
    Colorado Springs, CO 80903
  • 719-302-3655
  • 720-941-2755

Ft. Collins (Area) Office:
Morse Law, LLC

  • 1635 Foxtrail Dr
    Loveland, CO 80538
  • 970-672-1263
  • 720-941-2755