What happens if attorney fails to file The Motion for Entry of Discharge Order?

[cspa522]

My attorney is worthless. She never returns calls or emails (numerous, weekly-sent, same-question emails), she didn't send in our tax refund information this past year, etc. It's been this way since we were confirmed 5 years ago. ANYWAY - we are FINISHED! Payment 60 of 60 was sent in November. We took the post-filing financial management course. Our Trustee's website says we're about to close.

So what happens if we do all our work but our attorney doesn't?

And also, we've always paid our payments online through a designated website. NDC says we're paid up as we're supposed to be, but I've been told to just continue paying until we're officially told to stop - so yes? Keep paying?

Thanks!

[BNKRPTinNC]

Some may not agree but why not touch base with your trustee particularly if your atty. has been less than helpful. My trustee may have been an exception but I was able to get all my questions answered when I got close to the end. I had a great atty., mind you, but felt that if there was something that had to be completed I wanted to be sure that it was not missed. Just my 2 cents.

[LadyInTheRed]

I suggest you continue making payments until you are instructed to stop, or at least until the status changes to "completed" on NDC.

While I usually say you shouldn't contact your trustee unless your attorney tells you to, I think that if your attorney continues to be non-responsive, you should call the trustee.

What was the due date of your last payment? Did you call or email your attorney saying that you have made your last payment and asking what needs to be done to get your discharge?

The trustee sent me the papers I needed to sign and send to my attorney to file with the court. I don't know if all trustees do that, but I know others have reported the same procedure. If it has been less than 30 days since your last payment was due, I would wait for notification from the trustee. If you get papers to sign, send the signed papers to your attorney by certified mail return receipt requested with a cover letter asking her to file them with the court along with whatever other paperwork is necessary to get your discharge. If you are able to scan the signed papers, send them by email too, with originals to follow by certified mail.

[jmac]

I stopped paying on my 60th payment, a month or so go by and finally seen trustee refund on NDC ledger so that was good enough for me, I could never get a hold of lawyer either, I got one email response said he was working on it after mutliple calls and emails. I then stayed in FRA status for 3 months and it just finally closed.

[cspa522]

About two years ago we had to have the trustee's office notify my attorney that we were trying to get a hold of her because she absolutely refused to answer our numerous calls and emails. We even stopped by her office, which ended up being closed at the time. It's ridiculous.

I will call the Trustee's office and ask them what we should do about payments. I'd rather be safe than sorry. Our last payment was due on 11/30.

[LadyInTheRed]

Our last payment was due on 11/30.

I bet you will get a letter from the trustee in the next week or 2.