Originally posted by jktrading
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Attorney Out... Pro Se In #2
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Last edited by AngelinaCatHub; 08-06-2008, 05:30 AM.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Being vindictive about your lawyer's incompetence is one thing - you aren't doing that and that's to be commended.
HOWEVER, trying to protect that incompetence by not mentioning it at all to the judge as the reason you are firing her is being too nice in this situation, Angelina and Hub. Just tell the facts to the judge. Nothing to cover up, no angry outbursts, but this is too important to pretend it didn't happen either.
I have to say it chaps my hide to not make someone accountable for poor performance, especially when that poor performance caused you so much grief. Covering up your lawyer's incompetence doesn't help her change for the better - it enables the behavior to continue and hurt another filer she will represent in the future. And apologizing for forcing her miss a day of work when she caused the problem herself - you are being WAY too nice here.
Of course, you two need to do what you both feel is right. We'll love you both no matter whatI 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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Greetings Folks:
We had our hearing. It was VERY interesting in that foremost, we met a fellow ‘Fortunate”, Ms. Daisy. What a wonderful delight and extremely intelligent and computer savvy, as right down my way. I think I’m in love, errr well don’t tell Mrs. Cat, she could finish the job the surgeon started. LOL
Anyway, our Judge and our Trustee was there. I said I would not throw our lawyer under the bus. She came and was most attentive and we spoke well to each other.
Since I am having a hearing problem in one ear after the chemo stuff, and it is getting worse; I had to listen intently to the Judge who spoke of my request. I stated it was strictly a financial decision and that she had already earned her pay and I wished to chance the waiting alone. He explained she was bound to may case unless I really wanted her to go. He gave me the choice. As I was there early and as I understand the clique idea, I could see the Judge’s plead that it would cost no more to retain her through the waiting.
She then was called and she stated that mostly she had done all and the rest was just formality except for the AP in that it was a new case and she was straight up.
My decision was, to keep her, and that seemed to please the Judge, as well as the Trustee. After the hearing in the hall, the talk was very friendly and I believe the breakdown in communications is over as she still has her pride, we did not trash her, and the Judge probably was pleased that we were so candid but not mean. I think we may get some very good service from here on. I publically apologized that I did not intend for my attorney to lose a day of work for this. I believe that helped schmooze the Judge as well. Remember, I got to be pro se in the AP on the 19th.
Overall, it was successful in my eyes as no one was harmed, the Judge knows us now, and the Trustee sees we are not here to trash a fellow lawyer.
It was a good day. ‘Hub and Mrs. CatIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Hi there Mr & Mrs Cat,
Sounds like everything went well! I'm glad.
Did you meet "freshlikeadaisy' from this website?! If so, small world....
Congrats your two!!! ;0May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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Originally posted by AngelinaCatHub View PostGreetings Folks:
We had our hearing. It was VERY interesting ...
Please spend the evening doing something cheap and celebratory!Filed chapter 7: June 9, 2008
341 meeting: July 18, 2008
last day for objections: September 16, 2008
DISCHARGED September 18, 2008 - CLOSED September 29, 2008
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Originally posted by lrprn View PostBeing vindictive about your lawyer's incompetence is one thing - you aren't doing that and that's to be commended.
HOWEVER, trying to protect that incompetence by not mentioning it at all to the judge as the reason you are firing her is being too nice in this situation, Angelina and Hub. Just tell the facts to the judge. Nothing to cover up, no angry outbursts, but this is too important to pretend it didn't happen either.
I have to say it chaps my hide to not make someone accountable for poor performance, especially when that poor performance caused you so much grief. Covering up your lawyer's incompetence doesn't help her change for the better - it enables the behavior to continue and hurt another filer she will represent in the future. And apologizing for forcing her miss a day of work when she caused the problem herself - you are being WAY too nice here.
Of course, you two need to do what you both feel is right. We'll love you both no matter whatIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by WoodSprite View PostMan, you guys must be utterly exhausted. Well I'm really happy you're satisfied with the results, and here's hoping she has the sense to be so grateful that you're such a collective class act that she takes good care of you. It's the very least you deserve.
Please spend the evening doing something cheap and celebratory!
You gotto do what ya gotta do, the other choice was terminal.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by Help! View PostVery smart to take the high road. Hope the AP goes in your favor and you can wrap this thing up.
OK for the other posters, we gonna celbrate, to pints Ripple, one pint 20/20 and many BC powders for the mourning. (sp not accidental).If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by Help! View PostVery smart to take the high road. Hope the AP goes in your favor and you can wrap this thing up.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by AngelinaCatHub View PostYes and thank you. I always said, it is easier, classier, more professional to "kill them with kindness" than show your bottom.May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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Originally posted by liz417 View PostMy hubby is good at "kill them with kindness" and much to my surprise, he can get anyone to (eventually) come around...me, I just want to strangle them ...we are working on that....If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Yes, I am guilty as charged.
'Hub and Ms. 'Hub are incredibly dear, honest, special people. It was SO wonderful to meet them; I wish you all could!!! You have no idea how charming, open and sincere they are. It was a privilege to meet them, and I sincerely hope it isn't the last time!!! My only complaint is that we didn't have a great deal of time to talk, which I hope we will rectify the next time we are all in the same town.
I had the pleasure of being in the courtroom for the hearing, and they comported themselves extraordinarily well. It was pretty obvious that the would-be-ex-atty was there to cover her behind, and 'Hub was exceedingly generous toward her in every respect. As I said to them after the hearing, not only did he throw her a bone, he threw her a year's worth! And to be honest, she did seem visibly relieved, which lends even that much more credence to what 'Hub & Ms. 'Hub have been saying about her: she clearly knew what she might have had to face. Ms. 'Hub had her big black binder full of ammo if needed, but fortunately it wasn't, and no blood was shed.
I do honestly believe that they won all around, because there is no possible chance that IF this atty is even remotely sane, she will ever again just ignore them. And if she does, well, the hearing was worth it because both the trustee and the judge showed a tremendous willingness to work with 'Hub & Ms. 'Hub, and the judge left the door open for further changes (I thought) by telling the trustee that in his courtroom, he has no problem with pro se litigants, and later to 'Hub & Ms. 'Hub something to the effect of, "If you end up representing yourself, we'll deal with it." (I hope I am remembering the wording correctly -- if not please correct me! ) Since the proverbial last straw was that 'Hub & Ms. 'Hub couldn't speak to the trustee directly because this atty was still the atty of record, well, that's absolutely fixed now. So I really do think it accomplished everything they wanted it to!
'Hub & Ms. 'Hub, y'all rock so hard. Please Ms. 'Hub, no more surgery on my account!!!Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!
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