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    Upset with Attorney

    I am on the verge of filing Ch13 but I am concerned about my attorney(s). I have two. One is helping me with another case (but I can't afford to pay him any more) and the other is the bankruptcy attorney. They also know each other.

    My attorney (not the BK attorney who is usually pretty good although he could have explained things a bit better) told me today that I can discharge all back homeowners association dues in Chapter 13. I told him that I could not do that if I wanted to continue living in the home, which I do. He got quite belligerent and basically told me I should listen to the experts. The BK attorney told him this, so he said. Well, I said nothing to him but I definitely have a mind of my own and, knowing he wants to resolve my case (the other one, not the BK) ASAP because I can't afford to pay him any more money, I don't altogether trust his motives so I do my own research - usually here.

    I am really quite concerned, not because he was belligerent, but because he is giving me incorrect information.

    I turned around and emailed another attorney to confirm this and he told me that if I want to stay in the home I have to pay the back dues, which is also what I was told here.

    I feel he is hurrying me into a solution because he wants out (no more money!) and is doing so with incorrect data.

    Heaven forbid I should ever give up my own right to think and reason for myself and rely solely on an attorney!

    Now I don't quite know what to do. I don't have the money to pay a retainer to another attorney to resolve my existing case, especially since I am at the point where I need to file Ch13.

    #2
    bump - Any comments?

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      #3
      What is your existing case about? I assume it is against the HOA, but is it over fees or some other matter?

      If its fees - I'm not sure why you have an attorney to handle that because you are filing a Ch 13 and you can handle the arrearage in the 13.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        No. It's not about fees but they are claiming I am behind in fees. I am a little bit behind but not nearly as much as they say. Their books claim it because they applied all my paid dues to legal fees.

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          #5
          Oh. Check your HOA docs - there is usually a provision in there regarding arreages and application of payments (just like the ToS for credit cards).

          I know that here my association will not accept partial payments - and if you are even 55 days behind, the account goes right to the association attorney for collection and they add $350 just to send a letter to say you are behind! In order to get current they require 1) $350 attorney fees 2) late fees ($50/month beyond 15 days) 3) 3 months min of payment (the 55 days you are behind + the next month due). Then the next step is a lien on the house and the cost to cure increases. (I had this experience about 3 months before I filed BK so I feel bad for you)
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

          Comment


            #6
            I will NEVER buy another condo, I swear!

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