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    Is this common?

    1. attorney is fired for whatever reason; but from the one time I met with him, he was late, looked like he overslept, and walked in belching from a grape soda w/ a handful of candybars (LOL--I cannot believe I continued w/ this guy!!!..he was local so I went with that) Trust your instincts and run!

    2. our BK gets handed over from one firm to an atty (in the same bldg) and the atty doesn't need to meet with us...(found that odd) ..I was told that he didn't have time to review it yet, but would let us know if there were any issues--The new atty. is a nice guy, but I personally do not know him--never met him. DH only met him at his 341. LOL

    3. DH takes a day off from work to go to the 341 and (same w/ another couple) was told that a 'pdf' file (the 2041 or 4021??) was missing so a continuance was set for 2 wks. out

    4. I call up the atty that day to find out the details. No return call. DH calls. No return call. I call. No return call. It irks me that I've been waiting for 2 wks. to find out what the missing file was and well...read below.

    5. Assuming that they'd at least respond today, the day before the continuance, I get that call. But only because they NEED something. As it turns out the 2041 or whatever file was our whole 2005 tax return AND 3 paycheck stubs within the 60 day period prior to filing!!!!!!! The secretary calls the day before and needs this info within a few hours, by 2pm to be exact. What if we were not home!? I cannot even believe that our case was pushed off like this for 2 weeks (and in actuality, it was a good 6 wks w/ the new atty) and they figure this out the day before. We were able to get the info together and faxed, but this should not have happened.

    *secretary even admitted that the 1st law firm of the drunken? atty. should have noticed that these files weren't in, and that THEY should have noticed this before my DH even set foot in the 1st 341 mtg.

    *time off from work is limited for DH, so taking an extra personal day immediately after the holidays looks ridiculous.

    I am sure there are worse stories out there, but let me know if you think this was all just a minor inconvenience and somewhat of the norm, or absolutely shouldn't happen. We certainly didn't hand over $900 to the 1st atty. for any of this BS.

    Thanks for your reply.

    #2
    Originally posted by moneytree View Post
    I am sure there are worse stories out there, but let me know if you think this was all just a minor inconvenience and somewhat of the norm, or absolutely shouldn't happen. We certainly didn't hand over $900 to the 1st atty. for any of this BS.
    Having serious problems with a bk lawyer is rare, but unfortunately it does happen. Every state has a process to report lawyers who don't perform their jobs up to the accepted standard of practice - http://www.nbtanet.org/public/discipline/index.shtml

    It helps me to remember that behind every lawyer's fancy law degree lurks a human being with all the frailities and shortcomings that is an integral part of being human. That's why whenever it's possible, interviewing 3-4 different lawyers before deciding on one is so important to get a sense of whether they know their "stuff" and if you can trust them to be 100% your advocate and protector when you can't be those for yourself.

    Have you asked if there's better way of contacting your new lawyer with questions than phone calls (for example, email or fax)? And although it's too late for this time, in the future if all else fails, make a half hour appointment with the office - your non-communicative lawyer should show up for that and you'll have him cornered for questions. Hopefully it won't come to that.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      12/12/06 - Filed No Asset Chapter 7 - 85K on CC's
      01/16/07 - 341 drum circle 02/06/07 -US Trustee Review
      03/19/07 - Objection Deadline - 03/21/07 Discharged/Closed
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        #4
        as it turns out, the atty. was suspended in 02!

        I just posted a lengthy suspension notice on our 1st atty (the one who was fired & left things hanging for us) under GENERAL BK.

        So as it looks, we did have a crooked atty. LOL

        ;O

        Comment

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