Questions...attorney does not return calls
I suppose he thought he was done after he had received all of his payment. He told us he would be present at our 341, which was Sept. 16, but sent a paralegal instead. Docs. that the trustee requested in his hands by 10 days after the 341 were sent priority mail to our attorney the next day, and took 2 weeks for him to get them to the trustee, and another 2 weeks to tell us that the copies of docs. we sent were not sufficient, and we needed to send the originals. Messages left for him are unanswered.
Here are my problems:
1. We sold a house with a seller financed mortgage about 3 years ago. The balance on the mortgage is around $30,000. Our attorney told us the trustee would probably sell the mortgage to an investor, and divide the proceeds among our creditors. (we had approx. $54,000 debt, so losing this mortgage income was the lesser of two evils.) We received $400 payment on the mortgage in Aug. and in Sept. prior to our 341 mtg. The trustee asked for bank statements to show what date we had received the payments. We received a letter from the trustee Oct. 26, requesting that we submit to him the $800 we had received. We do not have $800 -- we spent the payments we received for household expenses. I called the trustee's office, because lawyer would not return my calls. Secretary said he wants the money to put in escrow account and it would be returned to us when case is settled -- part of our $3000 exemption. We don't have $800, have even been thinking about applying for food stamps since losing this mortgage payment each month -- what will happen if we do not pay the trustee?
2. Received a letter today from the court saying that "creditors must now file claims in the case, in order to share in any distribution from the estate. Claims must be filed on or before 1/31/06". We were thinking the whole thing would be over by 12/15 at the latest, since our 341 was held on 9/16. Does this mean we won't get our discharge until after 1/31 ??
I wish we had used a local attorney -- we used one of those big firms advertised on TV, and we are just a number.
Becky
Here are my problems:
1. We sold a house with a seller financed mortgage about 3 years ago. The balance on the mortgage is around $30,000. Our attorney told us the trustee would probably sell the mortgage to an investor, and divide the proceeds among our creditors. (we had approx. $54,000 debt, so losing this mortgage income was the lesser of two evils.) We received $400 payment on the mortgage in Aug. and in Sept. prior to our 341 mtg. The trustee asked for bank statements to show what date we had received the payments. We received a letter from the trustee Oct. 26, requesting that we submit to him the $800 we had received. We do not have $800 -- we spent the payments we received for household expenses. I called the trustee's office, because lawyer would not return my calls. Secretary said he wants the money to put in escrow account and it would be returned to us when case is settled -- part of our $3000 exemption. We don't have $800, have even been thinking about applying for food stamps since losing this mortgage payment each month -- what will happen if we do not pay the trustee?
2. Received a letter today from the court saying that "creditors must now file claims in the case, in order to share in any distribution from the estate. Claims must be filed on or before 1/31/06". We were thinking the whole thing would be over by 12/15 at the latest, since our 341 was held on 9/16. Does this mean we won't get our discharge until after 1/31 ??
I wish we had used a local attorney -- we used one of those big firms advertised on TV, and we are just a number.
Becky
But again, that doesn't mean they still couldn't sue you for slander! Unfortunately, we live in a very litigious society! 
posting a link to their webpage?
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