341 -- No Attorney Present

[ApresMoi]

A portion of my total bankruptcy fee was specifically for an attorney to be present at the 341. It's spelled out in my fee agreement with the law firm. Problem is, the attorney did not show up, due to a scheduling mishap (I had nothing to do with the misunderstanding). The Trustee knew my attorney was a no show and we went ahead with the 341. Everything seemed to go okay (and has been since). I would like a refund of that portion of the fee from the law firm since I did not get the service that I paid for. If you were in my position, would you ask for a refund or raise a fuss? I really feel that I am due the money back. Thanks in advance for any input.

[dealingsdone]

You most certainly do need to get a refund! Tell your lawyer you demand it and report him/her if he/she doesn't give you one. My lawyer shaved off $500 off of his fee if he did not have to accompany be to the BK in Los Angeles. He didn't want the hassle of 45 minute drive 1-2 hours waiting time. and 45 minutes back home.

[ApresMoi]

Hey thanks. I brought it up with one lower level person and their response was very lukewarm. As in "eh". After that, I checked my fee agreement,and sure enough, it specifies a few hundred was for the attorney appearance. It wasn't my fault, so they should give me the funds back. I will check in with them again advise them of my expectations. See what they say.

You most certainly do need to get a refund! Tell your lawyer you demand it and report him/her if he/she doesn't give you one. My lawyer shaved off $500 off of his fee if he did not have to accompany be to the BK in Los Angeles. He didn't want the hassle of 45 minute drive 1-2 hours waiting time. and 45 minutes back home.

[HHM]

Wow ApesMoi, sounds like you REALLY got what you paid for; hopefully you will learn from this experience in the future; when you go cheap, you get cheap results.

[ApresMoi]

We've covered this ground, but let me repeat: Their rate was the only rate I could afford, and they got the job done. Yes, I had to watchdog them, but I was able to do that (knew what to look for) as a result of guidance from this forum. Other than about 10 minutes of stress at the 341 (where's the frickin' attorney??), I don't care that he/she didn't show. I'll get the funds back. As to learning. let's hope there are no more BKs in my financial future.

That said, would I have preferred to hire the $3,000 guy instead? Yep. I also do not recommend 'going cheap' to anyone who is not willing to spend an awful lot of time learning about the entire BK process beforehand. The cheap option is not for everyone.

Wow ApesMoi, sounds like you REALLY got what you paid for; hopefully you will learn from this experience in the future; when you go cheap, you get cheap results.

[liz417]

wow apesmoi, sounds like you really got what you paid for; hopefully you will learn from this experience in the future; when you go cheap, you get cheap results.

LOL!



P.S. Hey, it doesn't hurt to ask!!

[ApresMoi]

I really do not appreciate being made the butt of jokes in this forum. So thanks for that, HHM and Liz.

LOL!

P.S. Hey, it doesn't hurt to ask!!

[Fresh]

ApresMoi,

I would suggest that you photocopy the relevant portion of your agreement and write a very stern letter requesting that refund.

With the previous comments, I would say that there are others who certainly are not as aggressive or interested in their personal matters. When you are broke, sometimes it's advisable to stay broke a little longer to get the level of service that particular person wants in representation.

You should pat yourself on the back for how far you have come I always enjoy your posts!

~Fresh~

[ApresMoi]

Thanks! That's a good suggestion and I will follow-up on it. I am fairly certain I will get the funds back, but it's a question of 'when'.

ApresMoi,

I would suggest that you photocopy the relevant portion of your agreement and write a very stern letter requesting that refund.

With the previous comments, I would say that there are others who certainly are not as aggressive or interested in their personal matters. When you are broke, sometimes it's advisable to stay broke a little longer to get the level of service that particular person wants in representation.

You should pat yourself on the back for how far you have come I always enjoy your posts!

~Fresh~

[liboton21]

A portion of my total bankruptcy fee was specifically for an attorney to be present at the 341. It's spelled out in my fee agreement with the law firm. Problem is, the attorney did not show up, due to a scheduling mishap (I had nothing to do with the misunderstanding). The Trustee knew my attorney was a no show and we went ahead with the 341. Everything seemed to go okay (and has been since). I would like a refund of that portion of the fee from the law firm since I did not get the service that I paid for. If you were in my position, would you ask for a refund or raise a fuss? I really feel that I am due the money back. Thanks in advance for any input.

Hope you still remember me, Lance the atty showed up during the initial 341 but I was reschedule due to the TT was very particular with documents and the 2nd 341 Moses sent another lawyer. Moses and Lance did a good job. Hopefully you can get your money back that can be a ticket for the Lakers next season..

[ApresMoi]

Hope you still remember me, Lance the atty showed up during the initial 341 but I was reschedule due to the TT was very particular with documents and the 2nd 341 Moses sent another lawyer. Moses and Lance did a good job. Hopefully you can get your money back that can be a ticket for the Lakers next season..

Hey, I do remember you. Great to hear you got the support you needed. Wonder if we had the same Trustee? Wait, I think you are East of me (different Court). My Trustee gave me a little grief, but then seemed to let it go. I was not asked to come back or bring additional documentation. WooHoo, and now the wait. I think your case was more complicated than mine (if memory serves). I was very impressed with Moses btw.