No creditors at 341....no attorney either.

[Ifonly]

%$#**%%$$###....today really, really was not a red letter day.

From what I gathered talking to my attorney's office a full hour after my 341 started was that oops, no one put the date and time on his schedule.

As much as I would love to just fire him on sheer principles, I would only be making the process harder on myself. Apparently, I will be rescheduled. Yuck.

[lrprn]

Not exactly a lawyer confidence-builder, is it? I'll bet he doesn't miss your rescheduled 341. So sorry this happened to you. Your lawyer owes you a big apology.

You might consider asking him for a refund of part of his fee since now you have to take off work yet again. His office was notified of your 341 by the court the same way you were, so there really is no acceptable excuse for his office staff to not have your 341 on his calendar. Hope he agrees.

[jmonez]

happened to me twice, my attorney also has many mistakes on forms, and did not meet deadlines. I just fired mine and hired another. It makes things very difficult, and I am also out $3500 right now, and may have to proceed with more legal action to get it back. Best of luck

[Flamingo]

Unless there was an emergency on the part of the attorney and he/she notified you and the court, there is no excuse for missing a court hearing. He/she has a shoddy office staff for that to happen and to me is a red flag flying high for the rest of your Plan.

[Ifonly]

(sigh) I agree. I'm just hoping that we can get thru this. Having to babysit the attorney is not my idea of fun. I know it's the staff and when I pointed that out to him yesterday, he got a tad defensive and cut me off.

Then I said, "well, I was going to let you know that your retainer is incorrect in the paperwork. We paid you $2,700 and the remaining $800 was to come out of the plan. The paperwork says you were paid $3,500 and $0 comes out of the plan. Just thought you might want to know." He said, "oh...thank you."

He kept saying he was sorry and that once every 7 or 8 months something like that happens. I said that it was up to him to let his staff know that even ONCE is unacceptable. The person it happens to doesn't care that it hasn't happened in the past seven months - they only care that it's happening to them and that is a perfectly valid way to feel.

Other mistakes on the filing that I caught before the papers went in -

They didn't account for the extra federal tax with. per month (over $800) we would need to do since we were losing tax deductible mortgage interest (that one was fixed at my insistence - the plan was $975, then $335)

They switched my husband's and mine's social security #'s (also fixed at my insistence)

They omitted the NJ SUI/SDI deductions (over $300/yearly) I'm assuming since they used the pay stub in front of them and he had phased out already (didn't have the energy to mention it)

They only listed one tax year for PA SWH when we owe three. and I provided them with all three and the proper amounts. Tried to get if fixed but they said the amount didn't matter as long as the creditor was there. I contacted PA Dept. of Revenue and made sure that they're submitting all three tax years to the court - I want my taxes paid.

Then there was his retainer and shorting himself $800 that I mentioned above. That I just find funny.

(sigh) I really hope the next 341 goes smoothly (maybe I'll offer to give him a ride to court and he can give me gas - it's over an HOUR away) and that we can get thru the next five years without additional BS. I almost feel like I would have been better off filing pro se. Or he should hire ME to be his paralegal. My OCD makes me double and triple check.

My poor husband - I don't think yesterday was good for his high BP. And he doesn't vent the way I do - he just holds it all in.

Sorry for the rant (hope your eyes are OK)