Fed up with attorney

[kakdbass]

Dealing with our attorney, or his staff rather, has been a mess since day one.

We were finally confirmed in November after six months. We have not spoken to our actual attorney throughout the entire process, only his paralegal, a legal assistant and an attorney one time that filled in at the 341 meeting.

The last nine months have been full of conflicting information, mix ups, unanswered calls and emails. We sent over an invoice for a motion to incur debt for a car on Dec. 16 nothing has been filed as of yet, it's always 'filing it on Monday'.

There is also the issue of filing a motion to retain our tax refund (which only $600 is exempt in MO) for home repairs, tires for our other vehicle, etc.

We have been told by the paralegal that we can keep the entire refund since we're in 100% repayment in one email, that we can keep $2550 due to wild card exemptions in another, and now it's we can only keep $600 over the phone and lastly that we can't file a 'motion to incur debt' and a 'motion to retain tax refund' simultaneously.

I have all emails that show proof of all the inconsistencies and conflicting info we have been given. I have sent emails and left messages with staff saying I only want to be contacted by our atty, to no avail. I'm not paying $4k to be represented by a paralegal. I really want to fire this attorney that has already received nearly $3k in compensation from us.

Should I contact the trustee and tell him what's going on or would this be appropriate? Like I said, I have all email correspondence from the last nine months.

I am so stressed and just want someone that is reliable and consistent.

Sorry, this has turned into a huge vent session!

[kornellred]

Don't bother contacting the trustee. He or she could care less about the trouble you are having with your attorney. If you are in a 100 percent repayment (to unsecured creditors) plan, there should never have been a question of surrendering your income tax refund. Also, your motion to incur debt should be a no-brainer for exactly the same reason.
It sounds like your difficulties center around the payment percentage issue. A Chapter 13 filing where all creditors get every penny owed to them is a simple, cut-and-dried affair.

[kakdbass]

I agree both motions I've requested should be 'no brainers', but my difficulties center around lack of communication and conflicting info given to me repeatedly. I'm not the professional, well, so called professional in this matter. It shouldn't take nearly two months to file a motion.

Also, in my plan it says that all but $600 of tax refunds must be turned over to the trustee unless a motion is filed with legitimate reasons to keep the money. Everything I've read online about the Eastern District of MO has said the same. Nothing I've read says we're exempt from surrendering our refund because we're in a 100% plan.

These are things that my ATTORNEY should be answering. I realize they have many clients and I don't expect a return email or phone call immediately, but I think it taking weeks or never getting answers is ridiculous.

I've decided to put my tax refund in savings until the trustee asks for it considering the email I sent a week ago regarding the amount we should surrender and if we should mail that amount directly to the trustee remains unanswered.

Of course, the atty nor the paralegal was in the office today when I called. I would just drop in the office if it wasn't 60 plus miles one way. Just so aggravated.

[AngelinaCat]

Greetings kakdbass:

I see you are on the board. Please review your posts and format, paragraph and arrange them so the people can read them. I just split out your very long first post in this thread so that it is easier to read.

Many people will just scan on by w/o reading if they have to mentally create the grammatical rules that you should have employed. Thank you.

I really do wish you well. 'Hub and I had a VERY inept attorney, and ended up paying for it big time.

AC

[kakdbass]

I was unaware of the rules...sorry.

[kakdbass]

So, how did you handle your attorney?

[AngelinaCat]

This is not a problem. There should still be a few minutes available to you to go to your post #3 and rearrange that. I prefer not to edit other people's posts. Thank you.

[AngelinaCat]

So, how did you handle your attorney?

We actually went so far as to fire her. We were an Asset Ch 7 case, so our situation does not properly reflect your situation. However... the non-communication will. We went to this attorney in August 2006. From our initial interview, we knew we would have to wait until at least July 1, 2007 to file. We get a yearly stipend from a trust retirement instrument in January, that had to drop off the 6 month look-back.

That was well. We progressed along. As long as 'Sue' was in the office, we got answers fairly quickly. When she left and 'Adam' came on board, communications went down the toilet. We couldn't get answers from her and actually went and camped in her office on December 28, 2007, the very last business day of the year, to get our case filed. Or else we would have to wait until July 2. 2008 to file. Remember, she had this case since August 2006.

After that, we got no responses at all to our numerous emails or telephone calls with questions. We had not yet found this forum. When we did get a response, we got screamed at as to how stupid we were to do whatever she was angry at us for doing. Huh? Hello, answer our questions and we might not have done what we did...

And our trustee himself could not get in touch with her to offer us a compromise on our Asset case, and his office called us directly. I took the call and handled it.

We filed a Motion to fire our attorney and go pro se. All parties involved had to go to court in Jacksonville. The Judge would have granted the motion, but because we were a CH7 case, we were almost through and he advised that we should just let him dismiss the motion, or else the case would drag on much longer than it did.

We allowed the Judge to dismiss the motion. We didn't know it then, but we had a very good and wise judge. But it cost our attorney a day's work, plus travel time to and from the court. We are in Middle District Florida (Jacksonville). Attorney was in Gainesville. So she had at least an hour and a half travel time each way, along with the worry that we would report her to the Bar, which we threatened, but did not do.

I hope this helps. Good luck to you!

[kakdbass]

I am seriously considering firing our attorney. I can't do this for four more years.

I did call around to a couple of attorneys' offices today, explained my situation, awaiting return calls. Heck, I've done enough googling and research to probably continue pro se! : )

[kakdbass]

Finally, the paralegal filed our 'motion to incur debt' after two months of waiting. Maybe me calling around to attorneys yesterday and leaving my name, our situation and our attorney's name paid off!