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?
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?
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