A brief history of our case. Am I over-reacting?
-Filed 100% repayment Ch13 in March 2012 and had a few solid years with our assigned attorney. Questions asked and answered in a timely manner. Advised by attorney to use law firm for all trustee communications, including annual tax returns and queries.
-2014 our law firm states we need a stipulation filed for the purchase of a vehicle, despite trustee not demanding anything except notification for <$1000 monthly payments. Firm charged $1400+ to file the stipulation. Only fee listed for stipulation on retainer agreement is for real estate for $1000.
-2015 our assigned attorney and her assistant leaves firm (not communicated). Send our tax return in february 2015. Our tax return goes unsent until a demand letter is received from trustee. After numerous emails documenting our tax return transmission to the attorney, they discover our case was not handed over to anyone. Given multiple points of contact to ensure this stressful situation never arises again.
-2016 (this one is long) We send our tax returns in February to all FOUR points of contact via email for submission to trustee. In July (last payment already sent and refund due us) we receive a demand letter from the trustee again threatening dismissal for not timely filing our annual tax return and refund. We had not been required to submit our refunds for the prior 2 years, and our attorney advised us when to send it. In a panic, I contact our attorney and discover despite all the redundancy, those four points of contact were no longer with the firm. Furious, I send EVERYONE still employed in the office a copy of the tax return.
During the intervening 5 months, the tax refund was spent in various ways, so we had no ability to generate the refund monies in the less than 10 day timespan demanded. I asked my attorney to attempt some sort of relief request to the trustee. Attorney replied that we the trustee advised we had no option, and had to meet the demand within the time allotted. Unable to obtain a loan, I embarrassingly asked friends for personal loans while preparing to sell anything I could to avoid dismissal. As a last ditch effort, I sent a "begging" email to the trustee for relief, who immediately replied in writing to ignore the demand since we were so close to completion. Thank goodness.
I contact my attorney and ask why they were unable to secure the same outcome, to which they had no answer, leading me to believe no communication was made. Upset at the irregularities in the firm, I requested an audit of the payments the firm received from our case, which is where we discovered the aforementioned vehicle purchase stipulation. The attorney advised me he would have it in my inbox that afternoon. I received it 16 days later after numerous follow up emails. Attorney also recommends
In mid-August, we receive our trustee Final Report and Accounting <?> stating that after final audit, we have completed our "journey" and that our attorney needed only file our Certificate of Completion... and await discharge. I contact the attorney, who advises me by email that he is filing the Certificate <...> today and thanked me for my patience, while stating he would email me shortly with an update and further instructions.
I waited for that email until late September, when I asked for an update. The attorney stated due to missing paperwork from the trustee, the Certificate <...> was not filed until September 1, 2016. He stated in his last email that the 1+business week delay was due to that trustee paperwork error, and this email excerpt:
"We’ve reached out to the Court and Trustee...waiting on the Trustee to file its Final Report and Account. The Trustee is preparing its Final Report and Account but is waiting for checks to clear. According to the Trustee, this process can take up to 60 days from its Final Account and Report (similar names but different documents) that was filed August 16, 2016. I appreciate your patience as we work ... to ensure this matter is wrapped up as soon as possible."
This seems to be an abject lie and a final insult on what appears to be punitive delays by the firm in handling and closing our case.
Any opinons?
-Filed 100% repayment Ch13 in March 2012 and had a few solid years with our assigned attorney. Questions asked and answered in a timely manner. Advised by attorney to use law firm for all trustee communications, including annual tax returns and queries.
-2014 our law firm states we need a stipulation filed for the purchase of a vehicle, despite trustee not demanding anything except notification for <$1000 monthly payments. Firm charged $1400+ to file the stipulation. Only fee listed for stipulation on retainer agreement is for real estate for $1000.
-2015 our assigned attorney and her assistant leaves firm (not communicated). Send our tax return in february 2015. Our tax return goes unsent until a demand letter is received from trustee. After numerous emails documenting our tax return transmission to the attorney, they discover our case was not handed over to anyone. Given multiple points of contact to ensure this stressful situation never arises again.
-2016 (this one is long) We send our tax returns in February to all FOUR points of contact via email for submission to trustee. In July (last payment already sent and refund due us) we receive a demand letter from the trustee again threatening dismissal for not timely filing our annual tax return and refund. We had not been required to submit our refunds for the prior 2 years, and our attorney advised us when to send it. In a panic, I contact our attorney and discover despite all the redundancy, those four points of contact were no longer with the firm. Furious, I send EVERYONE still employed in the office a copy of the tax return.
During the intervening 5 months, the tax refund was spent in various ways, so we had no ability to generate the refund monies in the less than 10 day timespan demanded. I asked my attorney to attempt some sort of relief request to the trustee. Attorney replied that we the trustee advised we had no option, and had to meet the demand within the time allotted. Unable to obtain a loan, I embarrassingly asked friends for personal loans while preparing to sell anything I could to avoid dismissal. As a last ditch effort, I sent a "begging" email to the trustee for relief, who immediately replied in writing to ignore the demand since we were so close to completion. Thank goodness.
I contact my attorney and ask why they were unable to secure the same outcome, to which they had no answer, leading me to believe no communication was made. Upset at the irregularities in the firm, I requested an audit of the payments the firm received from our case, which is where we discovered the aforementioned vehicle purchase stipulation. The attorney advised me he would have it in my inbox that afternoon. I received it 16 days later after numerous follow up emails. Attorney also recommends
In mid-August, we receive our trustee Final Report and Accounting <?> stating that after final audit, we have completed our "journey" and that our attorney needed only file our Certificate of Completion... and await discharge. I contact the attorney, who advises me by email that he is filing the Certificate <...> today and thanked me for my patience, while stating he would email me shortly with an update and further instructions.
I waited for that email until late September, when I asked for an update. The attorney stated due to missing paperwork from the trustee, the Certificate <...> was not filed until September 1, 2016. He stated in his last email that the 1+business week delay was due to that trustee paperwork error, and this email excerpt:
"We’ve reached out to the Court and Trustee...waiting on the Trustee to file its Final Report and Account. The Trustee is preparing its Final Report and Account but is waiting for checks to clear. According to the Trustee, this process can take up to 60 days from its Final Account and Report (similar names but different documents) that was filed August 16, 2016. I appreciate your patience as we work ... to ensure this matter is wrapped up as soon as possible."
This seems to be an abject lie and a final insult on what appears to be punitive delays by the firm in handling and closing our case.
Any opinons?
Bankruptcy Wizard
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