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    I think I got screwed by my attorney's incompetence!

    I'm the person who wrote about my car being repo'd under the post "please help! my car was repo'd". Here is some additional info about my situation and I could really use some advice...

    My 341 was originally scheduled for 11/14. Well, earlier that day my attorney told me that my emergency petition was passed along and filed by a friend of his (who is done with law school, yet hasn't found a job as an attorney yet). And this "friend" neglected to submit my tax returns/pay stubs to the trustee. My attorney told me he is submitting them right away (ummm...3 hours before hearing?? like the trustee is going to be ok with that!!), and he will explain to the trustee it's his fault. Now I'm even more nervous. We get there and I find out that not only has he not submitted those docs, but he NEVER filed the rest of my schedules!!! They were due on 10/19, and I went into his office and signed on the 17th. He knew about this also that morning, but didn't tell me because he "didn't want to freak me out too much" (his words). I was livid!

    Anyhow, the trustee said that my case was about to be dismissed, however, he will continue it to 11/28 (he seemed nice). Now, I'm a flight attendant for a major airline and the holiday months it's difficult to get days off once we're scheduled to work. Of course I have work on the 28th, but I have no choice...I now have to use a sick day and produce a fake dr. note.

    After leaving the court, my attorney assured me that he will have everything submitted and my next hearing will go smoothly. Well, a couple days later I rec'd a "motion to dismiss" from the court and I called him freaking out. My main concern was that my car lender would get wind of that and repo my car. He assured me that it's just protocol, and only a "motion", so I'm still protected by the auto stay. Fast forward to Monday, and lo and behold, my car was repo'd. When I called him he seemed uninterested in pursuing the matter and just kept pushing me to buy a new car. I have a strong suspision that for a short window of time my case was semi-dismissed and the lender saw that and made their move....and I think my attorney knows that.

    I finally got a car (my brother had to finance it because with a repo listed no one would finance me...they wouldn't even allow my name to be on the loan at all), and now I'm concerned that without my car payment in my name I'll be way above the $100 disposable monthly income to qualify still for a ch.7. My first payment isn't until january, so how in the world am I going to prove to the trustee that this other car is MY expense, in order to make up that difference in $$????

    I feel sick to my stomach. My credit is now shot, I lost my car, I've had to take numerous days off work in order to fix this ordeal (without pay and holiday bonus...not to mention I'm now on a warning level, where before I've been 100% dependable at my job), and now I could be forced into a ch.13 (on $18,000 income!), or worse...could be dismissed. All this because I have an incompetent attorney.

    Oh, almost forgot the kicker...my attorney personally took me to the dealership and to get my belongings out of my car at the impound lot. He also offered to loan me the $1300 down payment for the new car. Why in the hell would someone's laywer do that for a client if they didn't know they f***ed up, right??

    Please someone help me out on this one. Was what happened truly my attorney's fault? And is there anything I can do about this?

    #2
    Originally posted by struggling View Post
    I'm the person who wrote about my car being repo'd under the post "please help! my car was repo'd". Here is some additional info about my situation and I could really use some advice...

    My 341 was originally scheduled for 11/14. Well, earlier that day my attorney told me that my emergency petition was passed along and filed by a friend of his (who is done with law school, yet hasn't found a job as an attorney yet). And this "friend" neglected to submit my tax returns/pay stubs to the trustee. My attorney told me he is submitting them right away (ummm...3 hours before hearing?? like the trustee is going to be ok with that!!), and he will explain to the trustee it's his fault. Now I'm even more nervous. We get there and I find out that not only has he not submitted those docs, but he NEVER filed the rest of my schedules!!! They were due on 10/19, and I went into his office and signed on the 17th. He knew about this also that morning, but didn't tell me because he "didn't want to freak me out too much" (his words). I was livid!

    Anyhow, the trustee said that my case was about to be dismissed, however, he will continue it to 11/28 (he seemed nice). Now, I'm a flight attendant for a major airline and the holiday months it's difficult to get days off once we're scheduled to work. Of course I have work on the 28th, but I have no choice...I now have to use a sick day and produce a fake dr. note.

    After leaving the court, my attorney assured me that he will have everything submitted and my next hearing will go smoothly. Well, a couple days later I rec'd a "motion to dismiss" from the court and I called him freaking out. My main concern was that my car lender would get wind of that and repo my car. He assured me that it's just protocol, and only a "motion", so I'm still protected by the auto stay. Fast forward to Monday, and lo and behold, my car was repo'd. When I called him he seemed uninterested in pursuing the matter and just kept pushing me to buy a new car. I have a strong suspision that for a short window of time my case was semi-dismissed and the lender saw that and made their move....and I think my attorney knows that.

    I finally got a car (my brother had to finance it because with a repo listed no one would finance me...they wouldn't even allow my name to be on the loan at all), and now I'm concerned that without my car payment in my name I'll be way above the $100 disposable monthly income to qualify still for a ch.7. My first payment isn't until january, so how in the world am I going to prove to the trustee that this other car is MY expense, in order to make up that difference in $$????

    I feel sick to my stomach. My credit is now shot, I lost my car, I've had to take numerous days off work in order to fix this ordeal (without pay and holiday bonus...not to mention I'm now on a warning level, where before I've been 100% dependable at my job), and now I could be forced into a ch.13 (on $18,000 income!), or worse...could be dismissed. All this because I have an incompetent attorney.

    Oh, almost forgot the kicker...my attorney personally took me to the dealership and to get my belongings out of my car at the impound lot. He also offered to loan me the $1300 down payment for the new car. Why in the hell would someone's laywer do that for a client if they didn't know they f***ed up, right??

    Please someone help me out on this one. Was what happened truly my attorney's fault? And is there anything I can do about this?
    OHH my That lawyer has lost his mind... I would report him. I would try to ohh my i dont even know where to start .. your lawyer offer you money lol loan i would have told him as bad as you f'd my case got my car repo and all you should return all the money I paid you... he is in the wrong and i think he knows if you contact another lawyer he just mite be sued and lose and with the new car really it isnt your debt its your brothers so you wouldnt have to report it. I would look for a new lawyer. asap and my understanding motion to dissmiss is a motion you will i believe have a hearing, i would try to contact trustee this is crazy... have you been checking the pacer to see whats been going on?
    *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
    *Last day to Objection 02/19/2008 :yahoo: [x]
    *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
    TransUnion 538 Experian 519 Equifax 531

    Comment


      #3
      This the worse. I know not all lawyers are bad but I keep hearing horror stories, this is one reason why I had go per se, we had too much riding on our case (outside the fact we were very broke) to allow anyone beside ourselves mess our case up.

      I wish you all the best and just maybe it will work out, it appears you have a nice trustee. by the way, I would have taken that money from the lawyer and still reported him.
      Success is reachable, stretch out your arm and grab it.

      Comment


        #4
        Your attny has screwed up. Ultimately, tho,.......... It's your BK. That's the way the Court looks at it.

        If your docs aren't submitted on time,.......... The Court doesn't penalize your attny. You're the one that catches the grief. If your Schedules aren't completed correctly, you're the one that's held accountable. The attny does the work, but you bear all the responsibility.

        Even if we use an attny to file our BK, we have to approach our own filing as if we were Pro Se. Stay on top of things. Make sure things get done. It's not our attny's BK. It's ours.

        If you have family or friends willing to help you,.......... I'd suggest you Consult with some more attnys. Find one you like. Fire this guy. And move on with new representation.

        The Trustee has you down on the mat. Now's when you need a really competent attny to work for you.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          I'm so sorry to hear about all the grief you've suffered because of this attorney's incompetence, struggling.

          First step - fire this attorney and get experienced counsel to help you out of this attorney-caused nightmare.

          Second step - you MUST report this lawyer's incompetent representation to your state's bar or other lawyer governing body - here's the link http://www.nbtanet.org/public/discipline/index.shtml - scroll down for your state. Some state bars have funds to recompense those who have been harmed by lawyer mistakes - hopefully yours is one of those. Also ask for a referral for experienced bankruptcy lawyers in your area.

          What this lawyer did is horrible and he deserves to be censured by the state. By reporting him, you ensure he can't do this to anyone else plus you find out what you may be eligible for from the state due to his misconduct in the practice of law. Your new attorney needs to demand a complete refund of fees plus sue for damages from this lawyer for the real harm he's caused you.

          Hang in there. We're all behind you 100% and want to help you out of this mess any way we can.
          Last edited by lrprn; 11-23-2007, 10:30 AM.
          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

          Comment

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