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Messed up filing; more atty incompetence

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    Messed up filing; more atty incompetence

    I need to vent. There are a few threads i've written up about my ordeal with this so called professional. Now at my wits end....Grrrrr.

    After enough urging to actually get my petition filed he said he would email me a copy. That was July 19th. I try not to be a nuissance with too many phone calls, but i'd say 4-5 times i called to remind him. The major reason for this is becuase when i signed the petition it was very sloppily put together with mistakes and redundancy.

    Well today i called and it has been a rough day in general, maybe he sensed my stress in the Voice mail? Shortly after i received a call from his assistant. This was a surprise becuase up to now i doubted he had one.

    She told me she would mail out the docs, i mentioned email as previously promised, she obliged. It took a couple emails to actually get a file that opened, but that's something different altogether (more ineptitude imo).

    Here's the stinker: Reviewing the filing i immediately NONE of the corrections had been made!!

    I have two bank accts. One is purely for an auto payment - that is the ONLY one listed! I noticed this at signing, the atty said "that will have to be corrected". he made some notations but clearly never changed/updated.

    My 1st MTG is listed three times! It is also listed a 4th time - AS MY 2ND MTG!!
    MY 2nd is listed as the 1st!! The Past due balance is listed with unsecured creditors.

    On schedule J. There is a check box next to the payment of 1st MTG. The box indicates whether taxes/insurance is included in the payment. It is checked NO. That is incorrect ans now i wonder how those dollars affect the means test??

    This one the assistant shrugged off, but to me it's a BIG DEAL. Prior to filing i was told to gather bank statements, Credit card statements, etc... Including misc expenses to back up the means test.

    I included some paid VET bills over the past 6 months. I noticed they were listed with my unsecured. He told me to cross it off and he would make teh change prior to filing in addition to the other changes....guess what?? VET BILL still there!!

    Now this burns me up because i love that vet. They are great! Now like all others they are receiving the notice of my filing...how EMBARASSING! I doubt i will ever be able to go there again.

    I am so upset that the atty is so Non-Chalant! I called again and left message i would like to speak personally. Still waiting....

    Oh yeah, the assistant said it's not an issue, they will simply file an amendment - which they normally charge for, but in this case they will waive the fee.

    #2
    Now this burns me up because i love that vet. They are great! Now like all others they are receiving the notice of my filing...how EMBARASSING! I doubt i will ever be able to go there again.

    If you paid those bills, your vet should have no problem with your returning and you can hold your head up. You reallly didn't BK anything w/vet if I read correctly.

    I am wondering why you even signed a document with errors? I would have waited until the corrections were made. Oh well, water under the dam so to speak. Make sure the amendment gets filed and done correctly. Even if that means calling 10 times a day. You paid for a service, make sure you get it.
    Filed CH 7 4/15/11
    341 5/23/11
    DISCHARGED & CLOSED ON 7/27/11

    Comment


      #3
      is there a particular reason you continued down the path with this attorney vs. hiring another one? I'd allow one mistake in my filings, but to have several repeatedly, especially after being told / given corrections.... nope, would've fired the attorney for incompetence. I allowed our attorney 24 -72 hrs to answer questions / concerns that we had / arose (time based on urgency of the matter) and anything past day 3 without a reply from him / legal asst / secretary would've been unacceptable.

      I agree with sunshine - wouldn't of signed anything without going over it line by line / corrected copy provided in person with attorney.

      Comment


        #4
        Nope, the VET is paid. They are listed in error. There were many duplicates and/or mistakes when i reviewed the petition. He said just cross everything out that doesnt belong and he will make the corrections prior to filing.

        I agree that i should not have signed. I was in a rush to get it filed and getting a meeting with this attorney was always at least a week out. When i paid he said 2-3 weeks to file. It took 6 so i did not want further delay.

        Bottom line, in person he presents himself well. Everytime we meet i walk away feeling like everything will be okay. He is a smooth talker and instills confidence that my case is very easy - he has had to worry about a few others in the past...mine is no problem.

        Comment


          #5
          Have him file an ammended petition right away - and do NOT let him charge you for it. At the 341 your trustee is going to ask you if the petition is true and correct and you need to be able to answer "yes".

          SG

          Comment


            #6
            Originally posted by InOverHead View Post
            Oh yeah, the assistant said it's not an issue, they will simply file an amendment - which they normally charge for, but in this case they will waive the fee.
            They will not charge you for fixing their own mistake.

            Golly, how magnaminous of them !

            Comment

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