SOMEONE - HELP what am i going to do??

[AngelinaCat]

jessegirl, dingdong is right. Hang in there. HUGGSS!!! It WILL get better eventually.

[bkchap7filer]

Jessiegirl, my heart breaks for you. That is such a terrible, terrible ordeal! I am just so sorry for you. You have warm cyberhugs from all of us!!!

[welovedis]

You Can Do It!

Jessegirl---big hugs to you! I know this sucks, but I would be all over my attorney like white on rice tomorrow and not bend until you have their assurance they will contact the UST by the end of business tomorrow.

You need to also let it go for tonight and take care of yourself. To be able to be there for your family you need to be healthy enough to get through this and the stress can kill you.

I hope you can relax a bit tonight!

[Help!]

Help - WHat do I do if i cannot produce the 2 years of cc statements? I am so damn nervous and sick over this. I am literally in tears as we speak. I am sooo done with this. I am better off jumping off a frigin cliff. Its going to end bad. I do not have a good feeling. I cannot produce the 2 years nd they want it. My attorney refuses to call the UST, everyone sucks. I am on my own. I have no one of my side including my attorney. When they originally asked for the 2 years of cc statements. I was only able to produce some and the attorney said we aren't going to send any. This is his F-ing fault.

Just shaking my head.

Your attorney should immediately forward whatever statements you do have to the UST! What on earth was he thinking??!

I know EXACTLY how you are feeling right now and I have been there, so upset that I could not function (although I was thinking of a bridge and not a cliff). It all fell on MY shoulders and our attorney was useless.

You are NOT alone and you have *lots* of people on your side (four pages of replies in this thread alone!).

There is only way to come out of this on top, and that's to get those statements. Go through your creditor matrix, one creditor at a time, make the calls, request two years of statements. Write EVERYTHING you do in a notebook. Write down the date, the time you called, the number you called, the company, the account number, the name of the representative you spoke to and exactly what they told you. My guess is that you will not get all of the statements, but you may get some.

The thing that's important here is that you made every effort to comply with the UST's request and that you documented the efforts you made. If the UST files a motion to dismiss or schedules a Rule 2004 examination, you bring this notebook and fire right back!

Even if the UST is in the process of getting the statements by subpoena, you must get them. The last thing you want is for the UST to have all your statements and for you to have no clue what's in them. This is a documentation game and nothing more.

[TEW]

Your attorney should immediately forward whatever statements you do have to the UST! What on earth was he thinking??!

I know EXACTLY how you are feeling right now and I have been there, so upset that I could not function (although I was thinking of a bridge and not a cliff). It all fell on MY shoulders and our attorney was useless.

You are NOT alone and you have *lots* of people on your side (four pages of replies in this thread alone!).

There is only way to come out of this on top, and that's to get those statements. Go through your creditor matrix, one creditor at a time, make the calls, request two years of statements. Write EVERYTHING you do in a notebook. Write down the date, the time you called, the number you called, the company, the account number, the name of the representative you spoke to and exactly what they told you. My guess is that you will not get all of the statements, but you may get some.

The thing that's important here is that you made every effort to comply with the UST's request and that you documented the efforts you made. If the UST files a motion to dismiss or schedules a Rule 2004 examination, you bring this notebook and fire right back!

Even if the UST is in the process of getting the statements by subpoena, you must get them. The last thing you want is for the UST to have all your statements and for you to have no clue what's in them. This is a documentation game and nothing more.

I think what needs to happen is her lawyer needs to get off HIS dead AZZ and subpoena for those records. I am sorry if i offend anyone but this sounds like a pissing contest between the UST and jessegilrs lawyer. With her in the middle

[jessegirl]

Thank you to everybody for all your well wishes.

We are waiting for a call back from the attorney, which personally i do not think they will call us back. I bet you we call them back. Unbelieavable. You know they seem really helpful, professional and on the ball when you meet with them and then once you pay them, that all goes out the window, I am so disappointed with the way they have handled my case! I am literally getting sick from worry. My hubby says he feels like he is going to have a heart attack, its a shame, all because someone isn't doing there job completely. We called the attorney and demanded answers! We told them to call the UST trustee and find out the status and why a motion to dismiss is sitting there now. Now the wait begins... I will update once i here from them... Wish us luck!!!

[Help!]

Jesse, hang in there. Keep in mind that there isn't a motion to dismiss just yet, but it sure looks like that's where the UST is headed. My guess is that your attorney isn't going to do much for you, so your best bet is to get behind the wheel yourself and get those statements to the UST. Good luck!

[jessegirl]

Well what do you guys think happen. The F's never frigin called us back. Tomorrow morning they will get another call letting them know that I am going to call the UST and tell him what is going on.. This is bullshi*!!! They aren't losing and sleep or getting sick we are! I have had it with them.

[liz417]

Well what do you guys think happen. The F's never frigin called us back. Tomorrow morning they will get another call letting them know that I am going to call the UST and tell him what is going on.. This is bullshi*!!! They aren't losing and sleep or getting sick we are! I have had it with them.

Gee, I'm so sorry you are going through this jessegirl. Hang in there and be persistent!!!

[jessegirl]

Gee, I'm so sorry you are going through this jessegirl. Hang in there and be persistent!!!

Its unforturnate when you pay almost 4000.00 dollars to your attorney and he doesn't do anything fo you but puts me in the position that i am in. Unreal. How insensitive and unprofessional! I am at a loss for words. How can they think this is OK when I have paid him to work for ME!!!! I am sooo pissed off.

[Help!]

Its unforturnate when you pay almost 4000.00 dollars to your attorney and he doesn't do anything fo you but puts me in the position that i am in. Unreal. How insensitive and unprofessional! I am at a loss for words. How can they think this is OK when I have paid him to work for ME!!!! I am sooo pissed off.

This is all deja vu for me. I actually went to my attorney's office when they opened, sat there in the waiting room and waited for him to walk into the office in the morning because I had called for days with no response. As much as I understand your frustration, before you do anything you have to think about whether it's going to help you or hurt you in the long run. Unless your attorney has done something obviously illegal, bypassing him and contacting the UST is not in your best interest. They are both attorneys, and the UST will see this as a desperate debtor throwing their attorney under the bus. No matter how much your attorney makes your skin crawl, you have to continue to work through this with him. Cover yourself, though, by documenting the days and times that you called your attorney and didn't get a response. Write down what you were told by office staff, etc. Documentation is the key!

[danaf]

You NEED to take matters into your own hands at this point to ensure your success for bk. I wrote a lengthy reply and somehow it didn't post. Bottom line though you need to 1. Send the UST directly whatever statements you do have. 2. State that because you are under an automatic stay the cc companies won't deal with you 3. state that your attorney wouldn't respond to you (you can file a complaint with the bar later)., 4. Ask for a hearing with the judge in charge of your case should the UST not be willing to work with you without your attorney and also you need to consider firing him so you can represent yourself and finish this job (which he won't do), 5. cc everbody - so there is documentation. This is an effed up UST, effed up attorney and you need to do everything in your power to close the deal because ultimately you are responsible for your own bk...and if your case gets dismissed it isn't good.

[danaf]

Help! Why should she 'work' with her attorney if he isn't doing his job....if he isn't even returning her calls? BULLSHIT. You even said a few posts back that she needs to get 'behind the wheel herself'. I agree! She needs to finish the job - which she can do. This is a serious deal here. No time to waste waiting to see if her attorney MANs up. Chances are he won't. And why should she take that chance? I sure as hell wouldn't.

[TEW]

Help! Why should she 'work' with her attorney if he isn't doing his job....if he isn't even returning her calls? BULLSHIT. You even said a few posts back that she needs to get 'behind the wheel herself'. I agree! She needs to finish the job - which she can do. This is a serious deal here. No time to waste waiting to see if her attorney MANs up. Chances are he won't. And why should she take that chance? I sure as hell wouldn't.

I agree It's time to take matters into her own hands BUT that doesn't mean talk to the UST herself at this time. The UST has already stated what he wants.... If she calls him I think she would be wasting her time. What I think she needs to do is find out what her lawyer did send to the UST I read in another post where he said he was not going to send anything?? Start by going to the court clerk and ask if you can review your file. You need to know what is there. I would bring what ever you have sent to your lawyer with you. Don't be shocked if nothing is there. if it isn't there hand it over. Then ask the clerk how other people get records they don't have.

[Help!]

Help! Why should she 'work' with her attorney if he isn't doing his job....if he isn't even returning her calls? BULLSHIT. You even said a few posts back that she needs to get 'behind the wheel herself'. I agree! She needs to finish the job - which she can do. This is a serious deal here. No time to waste waiting to see if her attorney MANs up. Chances are he won't. And why should she take that chance? I sure as hell wouldn't.

No, no bullshit from me - you know that. I'm speaking from the perspective of someone who has sat across the table from a UST attorney at two 341 hearings and managed to reverse the damage done by an incompetent attorney.

I'm saying go through the attorney because that is the diplomatic thing to do. No matter how big of a slimebag her attorney is, she *as a debtor* should not directly contact the UST since a somewhat adversarial relationship has already been established. It's stepping outside of the acceptable boundaries and it's likely to backfire. There are proper channels to go through when an attorney is negligent. Contacting the UST is not one of them!

I came very close to doing the same thing, had the whole email ready to send... then slept on it. I called my attorney the next day (still no phone call back). I faxed to him a letter with the specifics of what I wanted him to discuss with the UST attorney. I had proof that the fax went through and, since fax histories are trackable, he knew HAD to respond. It was right there in writing and he knew that if my case was dismissed because he failed to act I'd be all over it and he'd be in hot water.

Don't get me wrong - I had PLENTY of anger and disgust for my attorney. In the process, there are two ways to go... be reactionary and emotional, or take the high road and be calm. The latter wins every time.