Very BAD Attorney

[sassiebaz]

Is your situation different than when you filed? As in income? Why did you have to do a chapter 13 in the first place? Just wondering.....

I feel for you. I have no real experience with this, but I really hope it all works out!

[SngleMomSyndrme]

Is your situation different than when you filed? As in income? Why did you have to do a chapter 13 in the first place? Just wondering.....

I feel for you. I have no real experience with this, but I really hope it all works out!

I filed last december because I was laid off my job last halloween. I made 2 payments and missed two payments because i couldnt find work...i wsa blessed to find a job...but i've been only paid once since i have been there. i make good money now. I have more than enough income to make my payments...and i finally have a job. I will lose my house my car and my kids in 10 days because my attorney isnt helping me...and i am not smart enough to understand if I can refile before my house is foreclosed and my car taken from me while I am trying to work. I cant take much more...

Thank you so much for responding to me...

[sassiebaz]

Hang in there! I know it seems hopeless now, but I'm sure things will work out! Things always have a way of doing that. Why can't you start over with a new attorney?

[SngleMomSyndrme]

Hang in there! I know it seems hopeless now, but I'm sure things will work out! Things always have a way of doing that. Why can't you start over with a new attorney?

Thank you, I am trying to hang in there. I feel like my attorney let so many things slide and now I have no recourse and I cant believe I am left with no hope. So I am trying to stay positive!

How soon can I refile?

[hamburgervol]

What about a free consult with another attorney(s)? Get their opinions.

[Billssuck]

I agree with others: get a free consult with another attorney right away. I know it is stressful now but hang in there and if you can get another attorney who truly will work for you then you will feel some relief.

[SngleMomSyndrme]

Thank you everybody!
I did make me an appointment with another attorney, for tomorrow. I hope this is the right thing to be doing....

[momxx5]

I don't even know if this is possible, but is there any way for you to directly contact the Trustee and get an emergency hearing or something?

If you are dismissed I don't think they'll put you out of your home that quickly. Maybe contacting the mortgage holder to discuss another way around it.

Good luck.
Prayers for quick and good answers.

[BnkrptcyLwyr]

First off, quit blaming the attorney in this case (yes, I know this is coming from an attorney). But here's the thing, you ran into trouble and you missed payments. That is *not* your attorney's fault.

Having said that though ... what kind of plan modification is your attorney proposing? Can he excuse missed payments? If you make your regular payments from here on out, will the secured creditors still be paid? I get missed payments excuse all the time - even payments missed pre-confirmation. Frankly, some attorneys do not know how to resolve problems very well some times, and are not aware of some of the things that they can do to fix plans. If he isn't making the proper fixes, of course that is a problem. But sometimes, there's really nothing we can do and sometimes it really is to late. At that point, let the case get dismissed, and refile - sometimes that is the best solution (as sucky as it sounds).

Your attorney is not a "bad" attorney because you were not able to make your payments ... just as you are not a failure, or a bad person, because you missed your payments. Stuff happens ... what needs to be done is to just fix it. And having a job that pays is the best cure for a chapter 13.

Good luck.

[car67]

Excellent Advice Counselor

[SngleMomSyndrme]

First off, quit blaming the attorney in this case (yes, I know this is coming from an attorney). But here's the thing, you ran into trouble and you missed payments. That is *not* your attorney's fault.

Having said that though ... what kind of plan modification is your attorney proposing? Can he excuse missed payments? If you make your regular payments from here on out, will the secured creditors still be paid? I get missed payments excuse all the time - even payments missed pre-confirmation. Frankly, some attorneys do not know how to resolve problems very well some times, and are not aware of some of the things that they can do to fix plans. If he isn't making the proper fixes, of course that is a problem. But sometimes, there's really nothing we can do and sometimes it really is to late. At that point, let the case get dismissed, and refile - sometimes that is the best solution (as sucky as it sounds).

Your attorney is not a "bad" attorney because you were not able to make your payments ... just as you are not a failure, or a bad person, because you missed your payments. Stuff happens ... what needs to be done is to just fix it. And having a job that pays is the best cure for a chapter 13.

Good luck.

Thank you, and I agree with almost all of your assessments!

However, if you read what was written, I never said it was the attorneys fault that I missed payments. I said the attorney did not file to cure the missed payments...and they were asked to for the two months I missed payments due to my temporary unemployment. I may not have conveyed this very well due to the fact I was in tears trying to compose my thoughts.... Never the less, that is what constitutes bad in my book!

My plan is now in jeopardy despite multiple efforts notifying my attorney that I was unable to make the payment on time due to my temporary unemployment and multiple opportunities for the attorney to attempt to rectify the situation on my behalf per my multiple requests. Instead, they did nothing and offered no excuse as to why...matter of fact they have avoided the question. (there was other items I couldnt receive an answer on as well...as referenced above...but like you said the end result is what it is and I need to move forward to a viable solution. That's great advice!!! )

My attorney is proposing nothing other than for me to rectify the past due balance IN FULL within ten days. If I had that much available cash, I wouldn't have had a necessity in filing Chapter 13 bankruptcy in the first place. I know from some of the advice I have received from you good people I should have other options and I am exploring them tomorrow.

This entire situation defies logic... It boils down to a bad attorney offering bad advice in my opinion. I am merely offering my bad experience up in hopes others(as you have) can offer helpful suggestions. Also, if I have to be the guinea pig, hopefully my bad experience can help someone else not find themselves in this same position. Thank you all again!!!

[dpeters]

If your case was dismissed and dont have a bar then you can re file no problem, try to find another attorney that charges less. What was the total cost for your attorney?