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    Now what??

    I am totally confused now and don't have a butt to sit on after getting it chewed off.

    Last week, we were in the final steps of filing (met with the lawyer and signed the papers). When we were in his office he asked us when was the last time we used our credit cards. I didnt have any paper work with me (since we had already met with 2 other people in his office to fill out papers and I had already told them when we used the cards last).

    Anyway I told him I would have to guess and double check when I got home. Well I guessed wrong, called and told the lady who works with attorney that we had used one of the cards up until March of this year and the other one in April. We had our first meeting at the attorneys office on April 15th and as instructed we didn't charge anything after that.

    She began to chew me out stating "Why didn't you tell the attorney this yesterday when you signed papers, you were told not to charge anything, this is going to look like fraud, you knew when you made those charges you were going to file bk" "your going to have to pay those credit cards and we can't file your papers now." "the creditors will look to see when you retained us to file your papers, if we had of file your papers.........".

    I informed her that I told the attorney I was guessing on the dates and that we had already given her all this information before and we filed out the papers listing everything we had charged, and that we had NOT charged anything since our first meeting. Then she told me that she would need me to make her a list of ALL charges of $100.00 and over that we made the past 12 months and list out beside it what it was for! I told her I thought we only had to go back 6 months, she said OH NO, they will go back 12 months.

    Ok, so I made her a list and faxed it to her. That was last thursday. I haven't heard back from her yet.
    I'm so upset, I feel bad enough that we are filing bk and now the lady at the attorneys office is chewing me out.
    I wish I could just stop all of this. If I had anyway at all to pay my creditors I would. I hate doing this!

    Now I'm wondering....should I call and ask her what now? do I wait for her to call me, since she was so rude?

    My questions:
    I was under the impression that creditors go back up to 90 days unless its really big charges. Our biggest charge was 986.00 back in January. Our last charge was $18.00 on April 12th and the last $100.00+ charge was on Feb.22nd for $120.00 . Our first meeting with attorney was on April 15th. Good grief we charged $7,400.00 in 12 months of which 3,800.00 were individual charges of $100.00 and over.
    My husband says not to worry, she was probably having a bad day and jumped to conclusions without hearing me out. He said she would probably be calling by this friday giving me our case number. I sure hope so. At this point I'm afraid she is going to tell me we have to pay the attorney more money and have to sign papers again.........
    HELP!!!!
    Sorry this is so long......you guys/gals are wonderful. You deserve a crown!

    #2
    Take it from me I have had experiences within the past few months and the attorneys seem to be nice then their secretary's are not so nice. they always seem to assume that you did this on purpose ,I always had told the attorney I was guessing on the last time my credit cards were used but of coarse I would have to go back and check.. they understood and one had told me worse case we would have to just wait 90 days since the use of the card and of coarse not to touch them again cut them up... so I did . But I can not understand how the attorneys secretarys can be so uncaring they already know this is a hard descion and we most likely are stressed most of the time you are in the office up to the end . it takes a toll on you has been my expirences and from what I ma told the longer you wait the worse it gets with that new law they are putting forward in October . So anyways I know I was not much help but to just understand and let you know I am there with you dealing with this we are actually having to start all over Because the attorney we hired felt uncomfortable with us . we were told to by a car but it is a long story I'll end it with we wound up having two cars not able to title one which did not even run. and finally one more that i can title and i am driving.the other two are explainable but the secretary was so nice in the beginning but then for whatever reason got this grudge against my husband I believe not really sure if it was me but who knows she just started acting all snooty... then they quit and of coarse she was there making sure of it with all her three fingers up saying there was three reasons looking over at the attorney making sure he would not change his mind beacuse we were at the moment of filing , plain out she did not want the attorneys she assisted to represent us.. which is fine because it was better for us we found a great attorney they we are more comfortable with and trust their ability. that they will not quit . The attorney is much more expeirenced. So good luck and it happens just do not quit even if you have to get another attorney to do the job for you it will be worth it in the end .. Thats what I am told.. So here we are on the road again )
    DISCHARGED Case CLOSED = 01/03/2006
    Credit Cards
    Washingon Mutual 3000.00
    HSBC 1600.00

    Comment


      #3
      Whether the lady was having a bad day or not it is extremely unprofessional, not to mention rude, to lash out at you. They are the legal gurus...we are not which is why we hired them to begin with...operative word being "hired." Our attorney didnt say anything about charges prior to BK. We didnt charge over $100 of anything either but from we have been told the trustee is looking for BK fraud and a way to pay the creditors...Fraud would be charging a lot of non-essential items just prior to filing, i.e., TVs, DVD players, etc. Our lawyer and I played verbal volleyball too. At times he is arrogant and rude. I called him on a Saturday about the motion to extend time we had just gotten and you would have thought I committed a crime. I didnt care; I was very upset about the motion and especially when I was expecting our discharge that day. He has made caustic remarks to me about calling him and my being hyper-nervous and unfortunately, right now I have to put up with it. Post meeting with the trustee and he is history. I dont expect to be coddled either but after all we are paying them and they can at least be professional and courteous to us. At this point as long as they get the job done try to overlook her rantings; it will be worth it in the end. Let us know how it is going.

      Comment


        #4

        EXCUSE ME............DUH.............Lawyers are in the business to make money doing bankruptcys, not to be helpful. Though many are thoughtful and very respectful of your problems....
        Want to watch your attorney squirm......know more about your case than he does............kills them.......
        When I discovered my lawyer was not "following thru" on stuff I did my own legwork and stayed one step ahead of him....
        When I would ask him about a motion that had been filed he would go - duh!!!! Don't know about that......I'd say "why not????".
        I SURE GOT HIM BACK ON HIS TOES.................
        The office girl who jumped down your throat - let your lawyer know "how rude she was" and how she needs an attitude adjustment, and that you didn't appreciate it one bit!!!.... (she's mad cause she has to redo all the paperwork).....
        You are "paying them", they are an employee right now!!
        You are paying for their expertise......that's why you hired them....
        But also, the girl is right about the cc charges. Any you make over $100.00 in the last 6 month to a year, the trustee will look into.....especially right before filing... it can be considered fraud. But she didn't have to be "nasty" about it!
        After 14 months of an "open Chapter 7 case", MY LAWYER just wants my case OVER...............lol.......
        If all you have had is a consultation and you have not hired this lawyer then find another......especially if you feel "uncomfortable" or "don't like the way they do business".
        Most lawyers and their office staff are very helpfull, considerate, and patient. They know you are stressed, worried, and nervous. Many will freely answer questions and help you anyway they can.
        Good Luck, Hope it goes well for you,

        Minny
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          Can't imagine why you would pay $$ for that type of service. I have only good things to say about my attorney. I did, however do a small amount of research and got very lucky. My best advise to you is to sit back and do a little research, make some calls and hire another attorney. You may lose a little money now that you think you can't afford to however, I promise you, it sounds like they aren't helping you any, now or for the future.
          I'll be watching, you may never know when or how, but I'll be there. I am there now....

          Comment


            #6
            Our attorney was familiar, had an office in our township and had done previous legal work for us so we hired him but if I had it to do over again I would have hired someone else. He has a horrible bedside manner and I think made a decision early on that has turned out to be the wrong one for us. I believe had he submitted the narrative I wrote to further explain our circumstance we might not be in the position we are now which is having to submit more paperwork and meet with the trustee. He even admitted he should have given it to the trustee but he thought it wasnt necessary...now it is. What would have been the big deal to have gone ahead and given it to her to begin with regardless of how optimistic he was? Then he had the audacity to criticize me for calling him on a Saturday when we got our motion to extend time from the trustee. The point is you have time to make a change. I agree with Minnymouth that you have to do your homework; attorney notwithstanding and that she is right about the ccs. I think despite the fact they are the legal beagles, it is still our case to be won or lost and the outcome will primarily affect us - not them, at least not directly. However, his assistant and secretary are both wonderful and caring people. They have answered questions when they could and offered sympathy and support; they are the positives of his firm. So go with your gut feeling....we will sure help when we can.

            Comment


              #7
              Update

              Here is the lastest on my situation:

              I never heard back from attorneys office so I called and left a message yesterday (july 28th).
              They still haven't called me back BUT I recieved a letter from the attorney today (postmarked the 28th). It says "I am writting to remind you of your creditors meeting on Sept. 6th..... so on and so on.
              Guess the attorney filed my papers after all.
              The least she could have done was call me.
              Anyway I called again today and left a message asking when it was filed and what my case number is. (I always get a recorder)
              So I was stressed out for nothing!
              Thank you all for your responses of support and encouragement!

              Comment

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