Our attorney is incompetant! Help!

[mountainmom]

Hi Im new here and so glad this forum exsists

We filed chapter 7 in June. Still not discharged yet.

I got a collection call for a medical bill yesterday. Called atty to alert him and he says "Hmm....that creditor isnt listed in your bankruptcy"

What???!!!!!! I know I listed ALL my creditors to him, he just didnt enter them properly.

So he sent me over a copy of my creditor list that he filed nad I also noticed a creditor was listed with a $0 balance? Not true. Also another creditor was left out as well


This guy also lost all our documents prior to the 341, twice and showed up to the 341 without them and got the trustee ticked at us. So I think I gave him MY copy the last time so I have no copies of anything I gave him.

What do we do about the creditors not listed?

Is there any recourse on our dumb attorney. He really is bad, and Ive heard the same form other who went through him (a little too late though)

Im so upset and frustrated I just want this to be over

Thanks!

[TEW]

all debt is discharged in a chapter 7 no asset case. even if you forgot to list them. give them your case number and hang up.

[Brighterdays]

all debt is discharged in a chapter 7 no asset case. even if you forgot to list them. give them your case number and hang up.

Where can I find the definition of a no asset case? I am letting my house go in ch7 but I am keeping my car(under alotted amount in ohio). I own it free and clear. Is this a no asset case?

[DebtEnder]

No asset/no distribution means you have nothing that can be liquidated for disbursement to creditors. In other words the only creditors that get any more money from you is those you choose to give money.

As it sounds like the only assets you might have had you have exempted so there is no need for creditors to know how much is liquidated as 10% of nothing is still nothing. I will say it's best to make sure all creditors are listed with valid address are on your creditor matrix. However the balance really matters little, you can discharge a 1 dollar debt or a 1 million dollar debt, matters not. I only say the address should be valid as it prevents them from coming back later with a late objection after case is closed as they were not notified within the 60 day objection window.

[HHM]

Whether your attorney is incompetent or not, this situation is no big deal. All debts are discharged. Also, the balance owed is an irrelevant point, so the fact that the attorney said one creditor was owed $0 doesn't matter.

As was mentioned, simply send this collector a copy of the discharge order. When YOU let debts go that deep into collection, they can cause some post bankruptcy hassles (but nothing serious) because the debt buyer can still sell the debt even though its been discharged.

I have to ask, did you read the petition before you signed it and the attorney filed?

[dgjmj]

"I have to ask, did you read the petition before you signed it and the attorney filed?"

I wanted to know that too? I went over our petition with a fine toothed comb.It wouldn't matter to me how amazing or flaky an attorney may be they are all still only human. I had my list of creditors listed on a seperate piece of paper & as I checked my petition I would check it off my list. Made me feel better anyway

[mountainmom]

I think ours is an assests case. The trustee took our stimulus last year and also $500 out of our bank account. (Our mortgage check hadnt cleared yet and she saw cash in there so she took it) Lawyer did not tell me to empty the bank account. We also have to give her our tax return this year

*I* didnt let the debt go that deep. The last time I heard from them a year ago the debt was still with the hospital, then we filed b/k. Hadnt heard from then since till the other day.

The petition that ended up being filed was the 3rd draft. He lost the other ones. He called me in to sign a paper so they could file. He was all rushed, I didnt even talk to him just the assistant. They had me in and out in under 2 minutes. Silly me I trusted the atty, even though I had to correct him on a number of things

A disaster from the start.

Atty say now at this point we will have to amend and pay $100 to include this creditor. Whatever I just want it done. Anyone know how long this will extend the case out?

[StartingOver08]

It costs $26 to amend the schedule with the court - the rest of the fee your attorney is charging you is for him.

Make sure you have all creditors on the amendment because it is a flat fee. This amendment should not extend your case.

[mountainmom]

Thanks, Ill double and triple check all my stuff.