urgent help please :( (my questions not on this site)

[witeout]

Forgotten, Thank you and I think you nailed it. My bare bones living may indeed be biting me now. We don't live on "credit" so bankruptcy living is nothing new for us.

Just File suit, Thank you and I plan to do just what you say. Or at least update my atty on my child most recent health test results.
1. we are no longer allowed to "save money on heat and wear an extra sweater" because this has caused mold to take over our house and increased dust mites (again nothing to do with the builder there) (increase in electric bill)
2. we are no longer allowed to "open the windows in the summer and melt to save money" as the air and heat cause breathing problems for our child and increase dust mites. Dust mites love humid hot Ga weather. (increase in electric bill)
3. we are no longer allowed to "air dry our clothes inside or out" due to allergens and increased moisture in the home. (increase in electric bill.
4. we have to now buy a dehumidfier or two, air cleaners that are pricey.
5. We now have to go under our home and "correct our crawl space". This will be done by ourselves to save money but still is a new expense that may not even work. More work may need to be done such as special air vents and who know what else.
6. We are having to buy special sprays to kill mold and replace all the insulation that is moldy. (costly)
7. I could name many more............ like a $150 fan that truly ventilates bathrooms where the cheap builder one is doing nothing.

My available income is just not what they think it is.......

Wish me luck

My next post is about what are reasonable questions and complaints that I want to ask my atty or should I bite my tongue? Sadly the para will be sitting right there and my questions are about her!

[witeout]

Are these reasonable questions to ask my atty, as they are customer service oriented and the staff member in question will be sitting right there......?
Are these harsh questions I should avoid?
Should we bite out tongues and just move forward?

-------------------------------------------

1. My spouse and I clearly warned the para legal twice that our debt was listed twice and she did nothing with that knowledge. Now our debts are 4k higher due to this.

2. She left off an over draft balance and the bank that is causing the bank to now harass us and refuse to close our acct. They also are charging us monthly fees on this dead account now.

2. When we call your office we are told things like:
"well I don't know what to tell you" or " I don't know what we can really do about that as it's already filed".
When really these are mistakes on your offices part and have legal remedies to correct them.
These comments on the phone are not professional or helpful.
Your staff should be trained on such issues.

3. May I deal directly with you in the future and not the paralegal, as she often says she is not knowledgeable about the things I am asking?
There is a time delay from me getting the run around when the things we are asking are legally pretty routine matters.
Talking with someone knowledgeable on our bankruptcy would make this process a lot less stressful.

[Flamingo]

Are these reasonable questions to ask my atty, as they are customer service oriented and the staff member in question will be sitting right there......?
Are these harsh questions I should avoid?
Should we bite out tongues and just move forward?

-------------------------------------------

1. My spouse and I clearly warned the para legal twice that our debt was listed twice and she did nothing with that knowledge. Now our debts are 4k higher due to this.

2. She left off an over draft balance and the bank that is causing the bank to now harass us and refuse to close our acct. They also are charging us monthly fees on this dead account now.

2. When we call your office we are told things like:
"well I don't know what to tell you" or " I don't know what we can really do about that as it's already filed".
When really these are mistakes on your offices part and have legal remedies to correct them.
These comments on the phone are not professional or helpful.
Your staff should be trained on such issues.

3. May I deal directly with you in the future and not the paralegal, as she often says she is not knowledgeable about the things I am asking?
There is a time delay from me getting the run around when the things we are asking are legally pretty routine matters.
Talking with someone knowledgeable on our bankruptcy would make this process a lot less stressful.

You can ask any questions you want because you paid money to retain the attorney to represent you. If you are not happy with that representation, tell him. Also tell him that if things are not straightened out you will report the matter to the State Bar. If you get an I don't care attitude or no results from your confrontation/meeting, do so.

[JustFileSuit]

Frustrations

Don't allow your frustrations to get the better of you. I would not recommend any confrontation or criticism of the atty or the para, that is not going to accomplish anything. the atty is apparently blind to the level of performance of the para so your complaining is just going to cause him to take the posture (internally for sure, maybe even spoken) that you are a "mess" and too high-maintenance for him. Remember your objective: to get through the bankruptcy with your hide intact and your debts discharged. What he does with his para is not interesting.

You can avoid a ton of frustration by simply writing him at his office and setting forth your questions, limited to matters inside the USBC Petition and not anything to do with the slovenliness of the para. Just have them "put it in writing." the way to do that obliquely without creating a confrontation is when the para calls you up to answer the question, say: " Sorry, I'm not feeling well right now, could you put it in a letter to me? Thank you." Now whoever is writing yo has to start thinking about the answer!

the matter of your 4K double-posting is gnawing at you. It should not. It is a mere scrivener's error, and should be corrected by simply filing an amended schedule. If there are two proofs of claim filed by the same creditor then you simply file an Objection to Proof of Claim and point it out in a Motion. end of that problem. the Court is simply not going to oblige you to pay or consider some claim twice because someone wrote it in twice. that is not going to happen.

As far as the credit union is concerned, whether or not they are a "listed creditor" or not is not material. the material point to remember is: Do they have "actual knowledge?" Did you in some way tell them, or did they find out that you know of? If they did, then they cannot levy all kinds of charges onto you for the overdraft as the overdraft HAS to be placed before the Court in a Proof of Claim. Period. there are ZERO exceptions to this Rule.

So, "if" you did not list them and they do not know, "then" you now list them by an amended schedule and you notify them and then they are obliged to put whatever claim they have in a Proof, and the overdraft charges are reversed as they flow from a claim that remains within the USBC Petition. And if they don't see it that way, then once again you file an Objection to Proof of Claim. And once again, "if" they continue in their misconduct and you have irrefutable proof that they know, e.g. actual knowledge, then your atty files a Motion for Sanctions against the Credit Union and they get hit with a money penalty. those penalties can be quite steep (in the discretion of the Judge) and you should end up the beneficiary of the penalties, so in effect the penalties pay for some of your other debts. Always helpful.

Making any comment at all about the "State Bar" reportage and you have nailed shut your relationship with that atty. You might as well first go somewhere else. If you report a grievance then why would any other atty want to take on your case? You are now viewed as a troublesome client, not worth the risk. If you are going to move, then just move. Don't make threats about filing Complaints.( Of course, you can always file a Complaint after you have settled in with someone you are comfortable with, if you choose.)

Keep your eye on the Prize. You have to get through the whole procedure.

As far as dealing with the mold and crawl-space issue, one gambit you might want to consider is to have an expert review the mess, and draw up a plan of remediation; then obtain a quote from a reliable builder to do the work; then file a Motion within your USBC Petition asking for a new mortgage to be placed in priority to the current one to cover the costs of the remediation. The current "First" in effect becomes the "Second." And since you only have so much income, the costs of servicing the First effectively come out of a reduction in the monies that would go to the unsecureds or the non-priority creditors. the total amount you pay does not change, but you get your house repaired. A gambit to think about? (Anybody else have any thoughts on how to implement this? Please chime in.)