Update: Breach of contract

[ColoradoBell]

I mentioned that last week my attorney decided to withdraw because she was 'only' going to get 10k for my BK poor dear.

Of course it was because ex's attonrey filed a kazillion stupid motions that take too much time to answer.

My attorney is breaching her contract however as she agreed to 'do it all' including any adversarials for the fixed price.

I worried about the catch 22 of objecting (who wants an attorney who isn't going to do the job?) but

I called some other attorneys and because I'm post petition they say they don't have to go through the plan to be paid. Well, that just sucks for me.

So I think my objection will be 'she's in breach' 'it prejudices my case' and it leaves me without representation because no one , seeing all Ex's crapola on Pacer, will take my case or let me pay through the plan.

What cha think?

[despritfreya]

CB,

In response to - "I called some other attorneys and because I'm post petition they say they don't have to go through the plan to be paid."

Unfortunately this is their "polite" way of saying they are not interested in taking over the case. The reality is, but maybe for a small retainer (probably no more than $2,000.00), an attorney who takes over CANNOT get paid outside the Plan unless payment comes from someone other than you. This is so for 2 reasons. 1) ALL of your "disposable income" belongs to the Bk estate therefore you cannot pay it to a third party and 2) the attny needs to get Court approval for the fees, especially if billing on an hourly basis.

When we take over cases we do so if there is already $$ sitting at the Trustee's office since those funds will be used to pay administrative fees, including legal fees, before they are used to pay anything else (back support may take precedent but I can usually work around that issue). If there is $$ on deposit we are at least guaranteed some payment. In addition we may ask for an up front fee and usually the person can find a family member who can help out. We make it perfectly clear that if the client fails to make Plan payments (which pays our fees) the firm will withdraw as we do not work for free.


There should be one or two firms in your area that take on "difficult" cases. I am going to suggest you contact the Trustee. He/she will know which firm in your area handles cases that no one else will.

Best regards.

Des.

[ColoradoBell]

Des, I'm really confused.
I'm meeting with two(different) attorneys tomorrow who say they will take my case with a 10k retainer . The first said: since you are post petition you can't pay through the plan. Neither said that I couldn't pay myself. I have already paid 2 of my payments ($443/mo) and have pledges all 5 years worth using my IRA assets which would be a total to my original attorney for $6000.

So what should I say to them?

[despritfreya]

CB,

Ask them 1) how am I suppose to come up with that kind of $$ and 2) even if I had that kind of $$ doesn't it belong to the Estate? (but see comment about IRA below)

I can't imagine that your jurisdiction would be any different than mine. My guess it that the attny is going to suggest that you "borrow" the $$. Also, I see the reference to the IRA. Since that is exempt, I suspect that is what the attny will point to as you can do with those funds as you please.

The attorney who takes over will still need to file a "2016 Statement" which tells the Court how much he/she was paid and the source of the funds. If he/she is paid from the IRA account, I believe he/she can get paid without asking the Court to approve his/her fees.

My firm has never thought of asking a client to dip into a retirement account. Just never crossed our minds to ask someone to use $$$ that is for their golden years - but, I suppose, if that was the only way for the client to find $$ to retain us well. . .

Des

[ColoradoBell]

Thanks for all your help, Des!

I'm off to court and then to meets with these attorneys.

I've typed up a 1 page Objection to Withdrawal of my attorney based on it breaching her contract commmitment and prejudicing my case.

The attorney emailed to say that the STatus Conference is to determine if the case gets dismissed or not (WTF) and ex's attorney wants me to sign a medical release not only for past but for one year in the future ....to him!!!!!
What does this have to do with my financial situation. But my attonrey says 'what do you wnat to do' ? For goodness sake's do I really have to tell her to object?

Sigh.

Wish me luck!

[catleg]

On the issue of post petition, the result of my little scrap with WFC over the relief from stay was a $500 legal charge post-petition that is supposed to be paid "in the plan". My attorney wrote to say that my plan payment would increase about $10 because of this. So there are ways to deal with post petition legal expenses.

I sympathize with what you're going through and I hope you can find an attorney who can counter-claim for a frivolous action and get them to pay you for the legal expenses incurred.

[ColoradoBell]

Thanks cat....It just never seems to end, but I wake up each day and look at my view and pet my dog and kitty and start all over again.

Yesterday's 'status conference' was interesting. I have a very fair judge who is the head BK judge of our District. I've read about 100 of his opinions and he just strikes me as extremely patient, and very fair minded, so I'm glad.

After what my departing but still collecting an hourly attorney said to me prior, I was expecting some crapola and was not disappointed. For the first hour or so, ex's attorney defamed, slandered, lied, contorted, repeated, every imaginable outrageous act I have supposedly ever committed. I of course wanted to defend myself, but the judge finally asked him to SIT DOWN and then said this is a scheduling conference and Ms.Belle you will get your turn to be heard in hearings.

Ex didn't get anything he asked for (a medical release of all my med history including...psychiatric, drugs, labs, HIV, Aids, ingrown toenails and....sickle cell anemia. Not only for my past but for the future as well. I objected and said whatever would he need this stuff for. He told the judge: she's in a 5 year plan and we have to know whether she will live five years. I wanted to tell him to ask God that, but the judge just told him NO.

Then they wanted the judge to order me to vacate my home by today so that it could be sold to ex's not-at-penis-length friend for nearly nothing.
The judge said: I'm not gonna do that without a hearing.
So a couple of hearings have been set, I have to go to my rescheduled 2004 exam next week where I'm sure ex's attonrey will rant and rave and be rude and disagreeable. I think I'll take a tape recorder to protect myself (better than a gun) Pretty sure Yes No I don't know I don't remember will get lots of repetition

I interviewed two attorneys . Interestingly one of them tried to say taht i should do an 11. I think his theory was that he could hold up things for a long time that way. But really, I just want to buy out ex's share and get him OUT OF MY LIFE.

oh well...now, how do I STOP withdrawing attorney from showing up at my 2004 exam? Imagine getting paid $350 per hour to babysit. Don't want it; don't need it; won't pay for it....but she's trying to say she HAS to be there.
Yep thanks, you won't file timely responses that I need you to do, but you'll show up at a bogus 2004 to get billable hours. Makes me mad.