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    #1

    My attorney is an idiot!

    Even more so than me for hiring him!
    A little back story, we went in for my 341 in 1/5 and was told by the trustee that my case was going to get thrown out since I was showing disposable income. So I had to call my att (he wasn't there someone else from the office was) set up an appt. went in to see him and to change some of the numbers. We only had groceries at 250.00/month for a family of 5. It wasn't hard to get rid of the disp. income. So my 341 was rescheduled for 2/2, I emailed him today to make sure that we were all set to go, that he filed the admendent that the income was gone, ect. So he has his office help call me and verbally agree to the filing of the amended paper. In the meantime he emails me saying that he will let me know if I have to be at the hearing. So I call back into the office, explain that I have never had the 341 that I never talked to anyone at the meeting and was he aware of that. Not sure why I should have to tell him that. Anyway the office lady says ok well I guess you will have to go on Monday unless you hear back from us. Fast forward to 10 mins ago. They call and tell me that I was taken off the schedule and that I don't have to have the 341. I again explained that I have never had one and were they sure. She said that the att. said yes. So I asked to speak with him and of course he is on the other line. I am now waiting for him to call back.
    So is it possible to file for Chapter 7 and have it work without ever having to go to a 341?

    This guy is driving me nuts. I doubt that he even knew my 341 was on Monday. Why would have he not filed the amended papers BEFORE I emailed him? We are only 2 business days away from the SECOND scheduled 341!!!! What would have happened if I didn't email him to confirm everything was good to go? He had almost a month to do this!!!! I am about to go crazy!
    Sorry for the book, God Bless you for reading all this. I just don't know what to do!
    Tags: None
    #2
    Have you paid this guy anything yet? If not, I'd grab my files and run like ****. You can buy the nolopress.com Ch7 book. You can study it and this forum and do a heck of a better job yourself. And yes, you do have to have the 341. Good luck. 'Hub
    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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      #3
      He is paid in full. I already filed. He emailed me instead of calling me back saying that the trustee said that I don't have to be there, so I emailed him back asking him to call me. So he called and said that we don't have to do it. He said that he thinks the trustee doesn't realize that we didn't do it yet and that she probably won't. He did say that if she does realize it the worst that will happens is we will have to go back and do it. As of now he said we are just waiting for the discharge. I don't know what to do.

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        #4
        Your posts are scaring me. Are you above median? If so, I'd be scared to death to have this attorney representing me.

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          #5
          I think I would file a protest against this guy to the State. People like him are what give all Attorneys a bad name.

          At least might get your money back. - jb
          jb - A little knowledge is a wonderful thing - sometimes.
          Filed - 2/27/09
          341 - 4/3/09
          Discharged - 6/20/2009

          Comment

            #6
            Ok - my first comment wasn't very helpful. This sounds like the incompetence I had to deal with. Anyway, have you checked PACER to see what's in the docket and on the schedule? Did the amendment ever get filed? I wouldn't believe anything he tells you, and I'd keep good notes in case he screws things up to the point that your case gets dismissed.

            You're going to have to babysit your idiot attorney and manage your own BK, I'm afraid. If what you see on PACER doesn't jive with what the office assistant is telling you, I'd stop into his office and patiently wait for him to be "off the phone". This brings back angry memories.

            Comment

              #7
              My attorney is an idiot too. However, I get what I paid for, as I filed pro se.

              If you are paying this attorney, you need to sit down and see just what he's going to do or not do. There are plenty of really good BK attorneys out there.

              You need to see if you can distance yourself from this person, and get your money back. Sometimes, you can get attorney fees disgorged when they haven't done anything.
              Last edited by justbroke; 01-29-2009, 10:19 PM.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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                #8
                Sorry to hear this, dont be surprised if you have to sue him in small claims court to get your money back. Yipes...he's lazy and doesnt want to be bothered...you have to go to a 341, hes playing russian roulette with your life..

                Comment

                  #9
                  Originally posted by Help! View Post
                  Your posts are scaring me. Are you above median? If so, I'd be scared to death to have this attorney representing me.
                  No, I am below the amount I am allowed to make, by a good bit and I am now also showing no extra income. I checked pacer last night and it says that I revised papers were submitted but it also shows my status as waiting for first meeting. I don't know what to do? What are the chance of the attonery being right and this not catching up with us?

                  Comment

                    #10
                    Originally posted by jeb View Post
                    I think I would file a protest against this guy to the State. People like him are what give all Attorneys a bad name.

                    At least might get your money back. - jb
                    Honestly I can't handle anymore stress right now. I just need this bk to be done and over with, drawing it out and getting a new lawyer or waiting for my money back to do so would push me over the edge.

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                      #11
                      Ok - it's good that the amendment was filed. Now, do you or do you not have a 341 hearing on Monday? Check the "Schedule/Deadlines" screen on PACER. If your 341 hearing does not say "satisfied" or "terminated", call the attorney again and tell him that you're still on the schedule and you plan to attend the 341 hearing. That should get his attention.

                      Comment

                        #12
                        Originally posted by Help! View Post
                        Ok - my first comment wasn't very helpful. This sounds like the incompetence I had to deal with. Anyway, have you checked PACER to see what's in the docket and on the schedule? Did the amendment ever get filed? I wouldn't believe anything he tells you, and I'd keep good notes in case he screws things up to the point that your case gets dismissed.

                        You're going to have to babysit your idiot attorney and manage your own BK, I'm afraid. If what you see on PACER doesn't jive with what the office assistant is telling you, I'd stop into his office and patiently wait for him to be "off the phone". This brings back angry memories.
                        I'm not really sure what I am looking at or for on pacer but I did check it out earlier. It does show that yesterday three new douments were added but my status still says awaiting first meeting (or something like that)
                        I still have the emails that he sent me saying that I don't have to go. He even forwarded an email from the trustee saying that she would contact him if she needed anything else. So I don't know what to do. Thanks for your input.

                        Comment

                          #13
                          Originally posted by justbroke View Post
                          My attorney is an idiot too. However, I get what I paid for, as I filed pro se.

                          If you are paying this attorney, you need to sit down and see just what he's going to do or not do. There are plenty of really good BK attorneys out there.

                          You need to see if you can distance yourself from this person, and get your money back. Sometimes, you can get attorney fees disgorged when they haven't done anything.
                          He is doing stuff I think he is doing it only half way. I know nothing about any of this all I know is what I have read on this board. It does seem to me like he is dropping the ball...BIG TIME! I mean what kind of att. files when you are showing a positive left over at the end of the month. Shouldn't he have known that wasn't ok? He said that he thought since I passed the means test that it would be ok. YIKES. I am screwed!

                          Comment

                            #14
                            Originally posted by ready2puke View Post
                            Sorry to hear this, dont be surprised if you have to sue him in small claims court to get your money back. Yipes...he's lazy and doesnt want to be bothered...you have to go to a 341, hes playing russian roulette with your life..
                            I sure hope I don;t have to do that. I think I might just loss it then. He said that the trustee said I don't need to be there so that if it comes out that I do it will be her fault and we will be covered. He said that this won't effect my case outcome. I don't know. I just would like to stop worrying about all this for just one hour. Since I filed my life has been a mess. My in-laws have been total asses since seeing it in the paper and it just got worse from there Sorry to dump on you I am just a mess.

                            Comment

                              #15
                              Originally posted by Help! View Post
                              Ok - it's good that the amendment was filed. Now, do you or do you not have a 341 hearing on Monday? Check the "Schedule/Deadlines" screen on PACER. If your 341 hearing does not say "satisfied" or "terminated", call the attorney again and tell him that you're still on the schedule and you plan to attend the 341 hearing. That should get his attention.
                              Thanks so much! I am going to go check right now! I will post what it says in a minute or two!! Thanks again!

                              Comment

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