When your lawyer scres you over ????????

[Old Codger]

My lawyer has totally screwed up my bankruptcies. The list is to long to list. We are on the third time filing. I still haven't got an answer for the second one. I have been to court so many times I know everybody by first name. Every time I turn around somebody wants to dismiss for something he didn't do. the last two times in court he has gotten his ass chewed out. I keep making my payments, getting refunds. I've tried another lawyer who I found out was as bad as this one. And when I try to talk to the trustee or rep I get the brush off. Should I contact the ACLU or something. I'm 10,000.00 more in debt just from fees. I've written letters, made phone calls and all I get is don't worry. Well I'm worried. I could have my arrearage caught up by now by myself.

[rrockinggramma]

file a complaint with the state bar association.

[chellyalb37]

Wow do we have the same lawyer. I mean it sounds like what I am going through right know? I really feel for you, I am sitting in a dismissed case because of my lawyer and so far don't know where to turn because they have no answers for me but it is due to there mix up. Why is it that lawyers can get away with things like this? They don't get in trouble they just get more clients and mess up there lives too. Like we have not already done that to our selves. We need help not to be punished for thing that might have not been in our control in the 1st place not fair. Lawyer suck sorry but you know. Any way if you find out any thing about how they can be held accountable for there actions please let me know since I would love to do that to my lawyer! Good luck

[Flamingo]

You can always file a Complaint with your State Bar Association as to the lawyer. Make sure you have all documentation and have kept complete records of everything. You can find them listed in your phone book under your State section.

Please note there are lawyers who are the complete opposite of what you are describing just as there are doctors, accountants, engineers or any other professional for hire. I know attorneys that leave and breath their clients and go beyond the call of duty. I am sorry you encountered some bad ones but you can file a complaint against them if they were actually totally at fault for your problems. Many times over the years in this forum I have seen people blame attorneys for all the problems yet posters themselves evenetually say they did not divulge all information or keep back information that got them in trouble later - then they blamed the attorney. I am not saying this occurred in either of the situations posted above and there are nightmare stories to every situation in life but Chapter 13 can be a complicated situation, each case having something different than the next.

Give your State Bar Association a call and they can tell you what you need to do.

[Old Codger]

What I'm trying to do is find out where all the money is going. Every time I turn around there is another 5000.00 dollars. He keeps filing with my original filing. It said I was 4500 arrears . Not its 18000.00. the IRS started at 18000.00 and now its up around 45000.00 and nobody knows why. Every one keeps filing for a dismissal even though I have made all my payments. I was told one time that they ( the IRS) just wanted to make an example of me. Have never got an answer why it was dismissed in the first place (under the OLD law) My lawyer just said we needed to do it!
I've been asking for a financial statement from the mortgage company and never get an answer.

[lrprn]

What I'm trying to do is find out where all the money is going.

What a mess! I'm so sorry you are having all these troubles, OC

Are there truly only two bk lawyers in your area? Have you called the state bar association to ask for referrals in your area? If you haven't, that's a great place to start.

Also you need to report the incompetent lawyer who is representing you now to your state's organization that watchdogs lawyer practices. Here's who to contact in your state to report your lawyer for misconduct in the practice of law - scroll down to your state to see names and contact addresses, phone numbers, and in some cases email addresses - http://www.nbtanet.org/public/discipline/index.shtml

A few states even have funds to help those who've been screwed by incompetent lawyers - MA for one.

I've been asking for a financial statement from the mortgage company and never get an answer.

You need to send them a RESPA (Real Estate Settlement and Procedures Act) letter to force them to send you your financial record of monthly payments and how they were accounted. Here's an example of the certified, return receipt letter you need to send - http://www.hud.gov/offices/hsg/sfh/res/reslettr.cfm . This HAS to be done by letter, it can't be done on the phone.

[Help!]

I think the three of us have the same lawyer. If my case is dismissed, I will be in touch with the State Bar Association ASAP. I feel your pain...