The importance of choosing a good lawyer - the nightmare never ends .

[tobee43]

HMM is correct, i believe in the fact, unfortunately, there will not be much you can do about this situation. however, if nothing else, it's therapeutic and somewhat helpful for you philologically to alleviate some of your stress and frustration by writing it out, even if you decide not to send it. sometimes that really helps a body and soul to help with letting it go.

it will end...promise, i know it doesn't seem like that now, but it will.

[AngelinaCat]

You can't fire your lawyer - but what if he wont answer you? It's been 4 months now since we heard from him - he won't return our calls, our emails, nothing. I had to contact the trustee directly about my car.

We had a couple of Preferential Payment issues--helped along in part by our attorney. The trustee proposed a settlement that he wanted to present to us via our attorney, as is the normal course. Our attorney went on vacation and was non-communicative, except for one email the very last day of the offer, that she didn't think the settlement was a good idea. Then she disappeared again with no counteroffer or any other solution.

The frustrated trustee ended up calling US directly to offer the settlement, since HE was unable to communicate with our attorney also.

We accepted the settlement and made the necessary payment. But this need not have happened, had we been better 'educated'.

[doomed]

Just an updated - FINALLY got a hold of my lawyer, who met with the trustee today. I have NO Idea what he's talking about with the car, and I've got to meet with him later to sign an amendment for it - but the $1300? On the day of filing, my savings account showed $6,000. My check to my attorney for his services hadn't gone through yet. That $1300 was used to pay my attorney for his fee -- and now the trustee is saying because it was still reflecting in my account on the day of filing, I have to PAY IT AGAIN to HIM! Please advise before I lose my sh.t on my freaking attorney -- I don't have the money, I paid my attorney with it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[tobee43]

Just an updated - FINALLY got a hold of my lawyer, who met with the trustee today. I have NO Idea what he's talking about with the car, and I've got to meet with him later to sign an amendment for it - but the $1300? On the day of filing, my savings account showed $6,000. My check to my attorney for his services hadn't gone through yet. That $1300 was used to pay my attorney for his fee -- and now the trustee is saying because it was still reflecting in my account on the day of filing, I have to PAY IT AGAIN to HIM! Please advise before I lose my sh.t on my freaking attorney -- I don't have the money, I paid my attorney with it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

i would fax over a copy of your most recent bank statement and canceled check to the atty and show where the money went. it also SHOULD be listed..the amount you actually paid the atty on the petition. and what seems odd about that, is NO atty will file unless pd in full in a 7. so i would tell that atty to get the CORRECT info BACK to the trustee and straighten out this mess now and not a minute sooner.

the car you may be over the limit and the trustee wants you to buy back the excess value. that happens, but it should have been clearly explained to you.

also...i know it's hard, but think about it. even if you had to pay another...YUCK...6k to get out of maybe 40k....it might be worth it when the dust and smoke settle. i didn't say easy to shallow...just maybe the least of the two evils?? i know that's not much help...but just a thought.

[doomed]

i would fax over a copy of your most recent bank statement and canceled check to the atty and show where the money went. it also SHOULD be listed..the amount you actually paid the atty on the petition. and what seems odd about that, is NO atty will file unless pd in full in a 7. so i would tell that atty to get the CORRECT info BACK to the trustee and straighten out this mess now and not a minute sooner.

the car you may be over the limit and the trustee wants you to buy back the excess value. that happens, but it should have been clearly explained to you.

also...i know it's hard, but think about it. even if you had to pay another...YUCK...6k to get out of maybe 40k....it might be worth it when the dust and smoke settle. i didn't say easy to shallow...just maybe the least of the two evils?? i know that's not much help...but just a thought.

Thanks tobee, it just seems to be too much to bear. I paid this useless attorney and I'd effectively be paying him again. It just doesn't seem right or fair. I feel like what little bit of our dignity we had left is gone. Having to pay this lawyer's fee twice? It's too much.

[tobee43]

Thanks tobee, it just seems to be too much to bear. I paid this useless attorney and I'd effectively be paying him again. It just doesn't seem right or fair. I feel like what little bit of our dignity we had left is gone. Having to pay this lawyer's fee twice? It's too much.

i know, and really understand. really, i would put that in writing to the firm, or him, just to make it a POINT you know what's going on here. i'm just so sorry you are having to go through this. bk is hard enough without good legal support..

[doomed]

If I got a copy of the check showing I paid my attorney, do you think the bankruptcy judge would accept that?? My attorney told me to pay him on the day we filed, I wrote a check to him.

Edited to add: Just found the check online. It's dated for the day we filed, and the teller stamp shows my attorney cashed it 2 days later.... Please tell me I don't have to pay the trustee, he's already taken everything

We even told the trustee at our 341 that and he was okay with it then

[tobee43]

If I got a copy of the check showing I paid my attorney, do you think the bankruptcy judge would accept that?? My attorney told me to pay him on the day we filed, I wrote a check to him.

Edited to add: Just found the check online. It's dated for the day we filed, and the teller stamp shows my attorney cashed it 2 days later.... Please tell me I don't have to pay the trustee, he's already taken everything We even told the trustee at our 341 that and he was okay with it then

absolutely NO harm in trying. and, if you feel that uncomfortable with this atty, i would email him or her and call and leave a message stating that if it's not straighten out immediately YOU will contact the trustee's office immediately and ask them directly if the proofs can be submitted to them.

remember MANY and ALL pro-ser's deal directly with the trustee's office. actually, although we had an excellent young atty, the trustee's office did not hesitate to contact me directly on at least 4 occasions, for some paperwork requested by them prior to our 341. they were extremely nice and very happy to deal with us directly to resolve any questions.

so that's your other choice and i would take it. the clerks office at the bk court and direct you where and whom to submit the information to...along with a letter of explanation of the funds and why and how this happened.

you have nothing to lose at this point, right??? and i KNOW you're so tired and stressed...but you just about THERE!!!

[doomed]

absolutely NO harm in trying. and, if you feel that uncomfortable with this atty, i would email him or her and call and leave a message stating that if it's not straighten out immediately YOU will contact the trustee's office immediately and ask them directly if the proofs can be submitted to them.

remember MANY and ALL pro-ser's deal directly with the trustee's office. actually, although we had an excellent young atty, the trustee's office did not hesitate to contact me directly on at least 4 occasions, for some paperwork requested by them prior to our 341. they were extremely nice and very happy to deal with us directly to resolve any questions.

so that's your other choice and i would take it. the clerks office at the bk court and direct you where and whom to submit the information to...along with a letter of explanation of the funds and why and how this happened.

you have nothing to lose at this point, right??? and i KNOW you're so tired and stressed...but you just about THERE!!!

It's been 9 long months . . I got through an entire twin pregnancy with this . . I'm starting to think there is no "there" . . .

[tobee43]

It's been 9 long months . . I got through an entire twin pregnancy with this . . I'm starting to think there is no "there" . . .

well bless you for sure.

i know this seems like it will go on and on. and i KNOW this sounds like such a cliché but...TIME does HEAL all wounds. this is going to take some time and a bit more effort to get ironed out. but don't give up now...you CAN DO THIS!!

[doomed]

Thanks tobee

[mwr]

I'm sorry to say that some bankruptcy attorneys don't understand the complex process of determining which set of exemptions you can use if you've not lived in your current state of residence for all of the two years before filing. Similarly, I wouldn't trust the trustee to get that right.

we lost anywhere from $5,000-$7,000 that was supposed to be exempt. Our lawyer told us we would file using federal exemptions as the place we lived previously allowed them and we hadn't been here long enough to file. However, our trustee told us at the 341 that we couldn't use those exemptions either and had to use the ones from the place we lived before the state that allowed federal exemptions.

[tobee43]

I'm sorry to say that some bankruptcy attorneys don't understand the complex process of determining which set of exemptions you can use if you've not lived in your current state of residence for all of the two years before filing. Similarly, I wouldn't trust the trustee to get that right.

it's so difficult when one cannot control their own future and you find yourself is in the hands of atty's and trustee's etc. but we can't do much with the decisions with the trustee's. on this board i have seen so many senario's!! some excellent with trustee's and some not so.

i know the trustee we worked with had many questions prior to the 341, but once we provided back up and substanial reasoning and proof we were fine.