Please Help, Need Advice! Attoney problems! Need to surrender home!

[jmonez]

I have filed for chap 13 and had my 341 and my atty showed up and asked for an extension, so I have another court date in 2 weeks. He has yet to even turn in all shedules and the court is motioning to dismiss. I still have not been able to get my attorney to give me a payment idea, and I have my 1st payment due on the 25th of this month. we I filled I told my attorney I wanted to keep the home im in even though its worth 200k less than I owe! He was going to ask for lien strip on 2nd, and I am ow current on 1st. I have now decided I no longer want the home, can I ask him to add in the plan surrender of my home and include it all in the b.k. I owe aprox 400k, and the home is valued at aprox 220-230k? any suggestions or advice would be awesome!! Oh also since my attorney has not even provided the court with all documents and no communication with me and still not mentioned to me what my proposed payment will be, can I fire him, dismiss my case and hire another attorney? Would I be able to get any of my money back? Thanks

[lrprn]

I have filed for chap 13 and had my 341 and my atty showed up and asked for an extension, so I have another court date in 2 weeks. He has yet to even turn in all shedules and the court is motioning to dismiss.

What does your attorney give you as the reason the rest of your forms haven't been turned into the court yet?

I still have not been able to get my attorney to give me a payment idea, and I have my 1st payment due on the 25th of this month.

Since your case hasn't been confirmed yet, then you pay whatever the proposed monthly payment was when your case was filed.

Since you said you don't know what the proposed payment is, you will have to get this from your lawyer or someone working in the office. Your forms that have been filed with the court are there somewhere. Make them look for you. Don't take no for an answer.

Did you sign your forms without going over them in detail line by line with your lawyer first?

I have now decided I no longer want the home, can I ask him to add in the plan surrender of my home and include it all in the b.k.

Yes, you can change your mind and indicate that you wish to surrender your home as a part of your Ch 13.

Oh also since my attorney has not even provided the court with all documents and no communication with me and still not mentioned to me what my proposed payment will be, can I fire him, dismiss my case and hire another attorney?

Yes, although with your first payment due by the 25th, you had better get moving if you are going to do this.

In some locations, another lawyer won't see you until you've fired lawyer #1. Also some lawyers will charge more to take on a botched filing because it takes more time than usual to straighten it out.

Call your current lawyer's office tomorrow (Monday) and tell them that if you don't hear back from him with an update on your filing and the amount of payment to make within 24 hours, you have no choice but to report him to the state bar association for misrepresentation and to the state's body that regulates legal ethics violations. That will get his attention. And if he doesn't contact you within 24 hours, then report him.

Here are two links that explain how and who to report lawyers for legal misconduct or ethics violations in every state - http://research.lawyers.com/Reportin...iolations.html and http://www.abanet.org/cpr/regulation/directory.pdf . Just click the link for your state (may need to scroll to see the links) or scroll down for your state on the webpages.

Would I be able to get any of my money back?

It's possible. However, don't be surprised if your current lawyer refuses.