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    #16
    ^^^What Clevelandmom said, tell them you're going on TV. If you're in New York, tell them you're contacting Arnold Diaz on Channel 5 or "Help Me Howard" on Channel 11!
    Filed BK 7 Pro Se: August 2010 341 Meeting: September 2010
    November 2010
    Closed: January 2011!!!

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      #17
      I know everyone has already beaten me to it, but I have to agree in that this is not acceptable in any way, shape, or form. When I went in to see my potential attorney the first time, he sat down with me and there was also a paralegal there who was taking information. I made an initial payment that day (about half the total) and was given a packet and told exactly how to fill it out. They advised that I had as much time as needed to finish it, but if I could do so in a month that would be good. Nevertheless, I had it done after a few days and brought it back along with my final payment after a little under three weeks. During that three weeks I did have a few questions, and I made a total of two phone calls to his office. He personally took one of them, and for the other he was not there, so the paralegal answered my question. I did send multiple e-mails, though, and I am not exagerating when I say they were answered within an hour, never longer than two hours.

      I'm going to assume that my experience is at least somewhat similar to other people's. Oh, and while I cannot file unti mid-January, I was told that to file requires almost no time at all, just time enough to get all the required info.
      Decided on Chapter 7: October 13, 2010; Retained Attorney: October 20, 2010; Filed Chapter 7: February 4, 2011; 341 Meeting: March 23, 2011; Discharged: May 24, 2011

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        #18
        Wait a minute. Donna, did you only pay retainer or the entire fee to the attorney? If you don't pay the entire fee, your case will not be filed. This is not an excuse for them to not communicate with you, though.
        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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          #19
          donna, drowning123 has a point. Normally, an attorney will not file a 7 for you until paid in full. Of course, the lack of communication with you is apalling and unacceptable, but check your client agreement for filing vs. fee payment.
          Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
          AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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            #20
            Drowning123, I paid the attorney the $1901 attorney fee with the agreement that I would pay the remaining $299 filing fee when my husband and I went in to review and sign the petition.

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              #21
              Dang, donna. Girl, they doing you wrong. You need to march in there right now. I would take my money back instantly. Get crackin'! Whatchu waitin' for?
              Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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                #22
                I know, I know you are right drowning123! I'm torn because obviously we are anxious to get this started and it will take awhile to find another attorney. And who knows if the next person I feel comfortable with won't keep me hanging. Lots of what if's. But I have torememebr what other posters said and that communication is very important and my attorneys lack of it is a BIG red flag regardless of how wonderful I thought he would be. Ugh.

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                  #23
                  I know from other's experience that once those darn attorneys get your money, it's like they sit pretty. Thank goodness my attorney communicated and I would have had it no other way. I'd be in his office unannounced. Keep on it. You need to file to get rid of those creditors.
                  Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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                    #24
                    I went to my attorney's office last friday and they took me right in to see him. He said he was concerned about my message firing him and wanted to know what happened. I told him about my frustration at not getting my calls returned. He said that he was very sorry and that he would speak to his staff about it. He said that they are all overworked and that they have over 500 bankruptcies that they are working on and that those who have lawsuits hanging over them were getting priority, which I can understand. He asked if we wanted to keep on his attorney because my file was ready to go. Of course I said yes. My husband and I had to complete our pre-filing course over the weekend and we are heading over today to sign the petition. Whew! Such a relief! Now to just hope there aren't any bumps in the road between now and the 341!

                    Wish us luck!

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                      #25
                      Sure, throw the staff under the bus. LOL. Glad you got that resolved. Make sure you wait for a case number, which you should get about a half hour after the filing. Sit there in his office and wait for it.
                      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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                        #26
                        Coming from a legal assistant's position <ahem . .ME!>, I must admit that it pisses me off when attorneys do that and I wouldn't work for a shmuck that did! We legal assistant's take all the phone calls, relay the messages, try to calm the nerves of the clients, and should not get crapped on by attorneys like that just because we lead the horse to water but can't make him drink. In my honest humble opinion, this attorney's excuse that they have "over 500 bankruptcies they're working on" is just an excuse. I happen to know for a fact that there are hundreds upon hundreds of students out of law school looking for jobs, and if they don't have the manpower to keep up with the amount of BK's being filed then they should HIRE MORE ATTORNEYS. Furthermore, YOU are a paying customer too and I don't think an attorney should be telling you that your case isn't as important as someone else's. You paid the same amount, I'm sure. All that being said, I'm glad he became "concerned" about your desire to fire him, but you shouldn't have to light a fire under his butt to get him to do his job. And it's not like we're talking an extra week or two . . .we're talking 5 weeks! (probably more now). Good job Donna and now be sure to STAY ON TOP OF HIM! You should be on the top of his radar now.
                        Filed Ch. 7 11/8/10: Survived 341 Meeting 12/13/10 Report of No Distribution!! 12/14/10Received UST Presumption of Abuse!! 12/15/10 UST states Dismissal is Inappropriate! DISHARGED!! 2/22/11

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                          #27
                          Go over your paperwork with a fine tooth comb (considering how busy and negligent they are)
                          ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                          8/10 - began researching bk, 9/10 - stopped paying ccs, 10/10 - paid atty fees, 11/10 - filed c7 - over median income , 12/22 - 341, 12/23/ - no distribution

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                            #28
                            Originally posted by ozarkmiss View Post
                            Go over your paperwork with a fine tooth comb (considering how busy and negligent they are)
                            Absolutely. We were in a similar situation (hopelessly overworked law office) and almost every single thing was done half-assed and at the last minute. They started off on the wrong foot by entering our address wrong, so we never got our initial BK paperwork from the courts, and it continued from there. If you're going to continue to work with these clowns, you will have to stay on top of them every minute.
                            DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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                              #29
                              Will do! Thanks

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                                #30
                                Good luck donna. I'm glad you're finally making progress.
                                Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

                                Discharged 1/21/11 Closed 1/26/11

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