Help

[jmonez]

Ok I paid for my chap 13 I. 2/12/09 and gave. All docs and pre bk cert. I have emailed 4 times and left 4 messages for my attorney with no reponse back, it has now been 7 days with no response, what should I do? He has not even filed, my auto lender says they will repo my car this week if I do t pay $1500, that I don't have, what should I do?

[StartingOver08]

I would go to your attorney's office - bring the repo letter or paperwork to the office to show the urgency. Sit there until the attorney see's you. JMO

[Flamingo]

Have you signed any paperwork yet or were they just documents turned in to prepare your filing? I always suggest on here that if one is having a difficult time contacting their attorney, to call once again and leave a message with the receptionist, the attorney's assistant and/or paralegal and on the attorney's voicemail. If that does not get a response, show up at the office and ask why no one is returning your phone calls. The latter should take care of the problem.

[jmonez]

Yes I did already sign my attorney agreement and paid $3500 cash, I am off wend and plan on going to his office, but this is not right and I feel like he is not representing me and looking out for my best interest. Do I have any options? I am wondering about getting my money back and starting over with another atty, but am under a huge time crunch

[jmonez]

Wow! Still no response???

o.k, it has now been a total of 9 messages left for atty via email and phone voice mails and still no response. i have been harrased by my auto lender daily of repo and yet my attorney will not even call or email to tell me what to do, or if he could even just emergency file a petition to save me from loosing my auto i want to include in chap 13 anyway. Do I have any right to get my money back that i paid my attorney, since he has not yet filed or even communicated with me to protect my best interest? Should I meet with another atty and get legal advice in this matter. should I file a complaint with bar association? Is this normal, I am going crazy now. thanks for any help or advice. i hate to have to go and drive all the way to his office and hope he comes in at some point to confront him why he is not letting me know whats going on.

[Nicollette]

Yes I did already sign my attorney agreement and paid $3500 cash, I am off wend and plan on going to his office, but this is not right and I feel like he is not representing me and looking out for my best interest. Do I have any options? I am wondering about getting my money back and starting over with another atty, but am under a huge time crunch

You stated that you have already paid the $3500 cash to him? Is your attorney in the practice by himself? Is there a receptionist or paralegal there that answers the phone, or do you just get the voicemail? I personally, would show up at the office to see what the heck is going on. This experience would be a red flag for me, and if you can get your money back, then I'd probably go with a different attorney.

[Flamingo]

The paperwork I asked you about in my previous posting is not your attorney retention agreement - I am inquiring if you were given documents to review that were prepared as drafts that would be filed with the court. You have to sign your bankruptcy petition before it is filed. It appears you have not received those papers to review. Since it has been over a month that you retained your attorney and no response to any of your inquiries, you need to physically show up at that office and get an answer as to your situation. None of us on here can hold your hand and do it for you; it's up to you and we can just offer support/advice - I would not be afraid to confront anyone to whom I paid $3500 and they would not return one phone call or email. If you cannot get a response from that or a satisfactory answer as to why the delay, your next step would be to call your state bar association and file a complaint. It sounds like you may have an overwhelmed attorney but that is still no reason for not receiving a response in over a month.

[jmonez]

o.k, i heard back from attorney by email and he stated that he wants to meet tomorrow to have me go over the documents and sign them so he can file. What docs will he be having me sign? will it already be a proposed plan, or just a legal form in order to file with local court? The day the b.k is filed, can I call my auto lender and notify, or should I just call them now and tell them I wil be filing in the next week or so? I am just afraid if i mention to my auto lender that i will file b.k then wont they just come faster for the auto before things are filed? thanks again for all your help. this forum is so helpful.

[Flamingo]

jmonez - he has ready for you your BK filing Petition with all necessary information for you to sign. That is the paperwork I questioned you about in my previous postings. You supplied him information to prepare your Petition to be filed with the Court. It cannot be filed until you sign it. He will probably file your Petition electronically so you will have your case number immediately. Make sure you go over the paperwork so there are no errors - usually that paperwork/document is sent to you in advance for your review so make sure you take the time to go over it with him before you sign.