How do I get my attorney to respond and address my concern?

[filed]

Filed an above median no asset ch 7 back in November 2011, and its been over 30 days from the 341.

The US Trustee requested additional documentation, and came to the meeting and asked questions, etc. After all questions were answered, the Panel trustee and the US Trustee agreed that a continuation was unnecessary, and concluded the meeting.

10 days passed, and no filing of a notice of POA, so, that is good.

30 days passed, and no filing of any objections to my exemptions on sched C, so that is good.

My problem is: I have a question about a pre-petition judgement against me, and whether my attorney (and me) properly listed it in the petition, because it is pretty important that this get discharged. For the last 2 weeks, every 4-5 days I have sent an email (Total of 3 emails) explaining that this is what I am concerned about. I am simply requesting either a discussion via phone, an email response, a meeting to discuss, or some other assurance that we have listed things correctly, and we do not need to make any changes or amendments, and that the debt I am worried about is properly included and will be discharged.

I have offered to pay for the time used for a discussion on this matter, and have said I will make myself available whenever it is convenient, morning , noon or night.

I just do not get a response, and I would like some advice on what I should do in order to get my concern addressed without being a neurotic pest to my otherwise very helpful attorney. Again, I am prepared to pay for a half hour or an hour of time if that is what is required, and I have offered to do so in my emails.

[mountanddo]

Obviously email isn't working for you in this situation. I would call the office and make an appointment. If you attorney thinks you are a neurotic pest because you are seeking his advice, even willing to pay for it, then you picked the wrong attorney. My attorney is pretty non-responsive too. I sent emails and she didn't respond to them but ended up calling me right before my 341 meeting and answered questions then. She didn't even aknowledge that she received an email. If my email would of been something I was really concerned about I would of pushed it and chastised her for not being responsive but it really didn't affect my case so I chose to ignore it. If you really, really need to know this information and your case depends on his response then be a pest and get a response. Don't send passive emails. Call him.

[tobee43]

filed, didn't you get a copy of your petition? there is a place to list all judgements and their docket number to be included in your bk.

also, remember if it is included, you will need to file a motion to vacate that judgement after your discharge.

i would call the office, if you don't have a copy of your petition and get it asap, that way you can check yourself. most likely if you provided the information hopefully they listed it.

[mountanddo]

All my paperwork filed is on pacer. You can look there too and save the documents in .pdf format to your computer. Just one more place to look while you are waiting for your attorney to call back but you should of received a hard copy.

[tobee43]

All my paperwork filed is on pacer. You can look there too and save the documents in .pdf format to your computer. Just one more place to look while you are waiting for your attorney to call back but you should of received a hard copy.

yes, i do suppose, i was anti pacer LOL!! too much stress for me after we filed i just filed the entire process away and didn't give it a thought until day 63 when our discharge and close orders arrived by mail together in the same envelope from the court.

it is really important to have a copy of one's petition i think, just in case someone comes after you later and claims they were never notified or listed etc. i know many say it doesn't matter if someone was left off the petition, however, my understanding is a creditor must recieve proper notice from the court and that petition will show who was listed and who was not.

[filed]

Tobee, I do have a copy. The judgement is listed on SOFA #4, where it seems it should be, but, I do not see any other mention of it anywhere else in the petition.

[tobee43]

Tobee, I do have a copy. The judgement is listed on SOFA #4, where it seems it should be, but, I do not see any other mention of it anywhere else in the petition.

oh, okay then, you are good. as long as it was listed you will hear no more about it. however, once the discharge goes through then you need to file that motion to get it removed. but you should be just fine. our 2 were also only listed once as well, that was it.

[filed]

oh, okay then, you are good. as long as it was listed you will hear no more about it. however, once the discharge goes through then you need to file that motion to get it removed. but you should be just fine. our 2 were also only listed once as well, that was it.

Thank you, Tobee, and I hope you are correct, but, shouldn't the judgement holder be on the mailing matrix or SOMEWHERE else on the petition? As I said, this is ONLY listed in SOFA #4 and I see no mention of any of it anywhere else in the petition.

[tobee43]

ok, i'm not really certain what you mean by SOFA #4 as each state and the federal petition may vary from our florida petition.

i promise you, if it's listed on one of the questions on the petition that asks you to list any outstanding judgments (which as in our case exactly what the question referred to on the petition) that was the only place it was listed. we signed it, it was submitted to the court and it was included in the discharge. (to be safe i think i also listed it on sch F from what i recall, although, i really think if i hadn't it still would have been ok since they were listed in the body of the petition.

after the discharge we filed two motions to vacate the judgements and they were both granted and removed from our records. it did take a bit more money to file the motions and i didn't do it myself, i had an atty do it, just to make certain i made no errors in the filing process. (even the BEST paralegals make mistakes ). and now, they are removed from everything. i also received copies of the signed orders from the judge vacating those judgements.

so i'm just hoping it's the same in your case. i can't see your petition

[AngelinaCatHub]

The #1 complaint about lawyers is their lack of response. The best lawyers I have seen are here and members who help selflessly as our guides. JB also included as well. Not a lawyer but will dig for your answers. I think we have three real active lawyers, at this time, Des, MSBKlawyer, and one more, plus JB. All lawyers should be as helpful as ours are. Too bad that isn't the case. 'Hub

[tobee43]

The #1 complaint about lawyers is their lack of response. The best lawyers I have seen are here and members who help selflessly as our guides. JB also included as well. Not a lawyer but will dig for your answers. I think we have three real active lawyers, at this time, Des, MSBKlawyer, and one more, plus JB. All lawyers should be as helpful as ours are. Too bad that isn't the case. 'Hub

i so agree!! i wish des would move here i'll work for him for nothing LOL!! and JB just needs to sit for the bar, i'm willing to kick in the bucks since i know he'd pass his first time sitting. of course msblawyer has the best disclaimer on the net, and we also have hhm and i'm certain a few others that CARE about their clients.

[ValleYum]

This article seems really well written - maybe our legal eagles can comment as to the veracity:

How Do I List a Judgment on Bankruptcy Forms?

Bankruptcy is a concise area of law. For this reason, you need to be certain all forms and documents are completed correctly and submitted to the court in the proper format. You must be certain all debts are listed in your schedules or your creditors will not receive notice of the bankruptcy and the debt may not be discharged. Judgments also need to be disclosed on the statement of financial affairs in addition to the schedules.

1) Obtain the bankruptcy schedules D, E and F and the statement of financial affairs from the United States Courts' website at http://www.uscourts.gov/FormsAndFees...ptcyForms.aspx .

2) Determine if the judgment is unsecured, secured or a priority claim. An unsecured claim is debt such as credit cards or medical bills; secured claims are those that have collateral, such as a car or house; and priority claims are those that are non-dischargable and must be repaid, such as certain taxes, child support and alimony.

3) Enter the judgment on the applicable schedule. Secured claims go on schedule D, priority claims on schedule E and unsecured debt on schedule F. Claims are listed in alphabetical order. List the creditor by name and address, provide when the debt was incurred and the other information requested on the schedule. The debts are totaled on the bottom of each page and then again on the summary of schedules.

4) Enter the judgment on the statement of financial affairs #4, suits and administrative proceedings, executions, garnishments and attachments. You have to note the caption of the suit, the case number, the court the suit was filed in, the nature of the proceeding and the status of the case. You only have to list the judgment here if it took place within a year of the filing of the petition for bankruptcy.

5) File the documents with the bankruptcy clerk in your district. You may do this by mail or in person. You may also file it at the same time as filing the petition or within 15 days of the filing.

http://www.ehow.com/how_6853527_do-list-judgment-bankruptcy-forms_.html#ixzz1jA1UMP5s

[tobee43]

This article seems really well written - maybe our legal eagles can comment as to the veracity:



http://www.ehow.com/how_6853527_do-l...#ixzz1jA1UMP5s

i pulled my petition out and it's only listed in the question area and on schedule F...but that's for florida.

now the foreclosure docket we listed in three places, but that's different than the judgements. so let's hope filed's atty did the correct placement. if not, i'm certain they can amend the petition.

[filed]

Valleyum, I read that article, and according to it, my petition should have :

4) Enter the judgment on the statement of financial affairs #4, suits and administrative proceedings, executions, garnishments and attachments. You have to note the caption of the suit, the case number, the court the suit was filed in, the nature of the proceeding and the status of the case. You only have to list the judgment here if it took place within a year of the filing of the petition for bankruptcy.

I am covered on that one, since SOFA #4 is where the judgement is listed on my petition, including the caption, case number, court it was filed in, nature of the proceeding and the status of the case.

My problem is, this seems to be the ONLY place it is listed, and so, according to your article:

3) Enter the judgment on the applicable schedule. Secured claims go on schedule D, priority claims on schedule E and unsecured debt on schedule F. Claims are listed in alphabetical order. List the creditor by name and address, provide when the debt was incurred and the other information requested on the schedule. The debts are totaled on the bottom of each page and then again on the summary of schedules.

The article #3 above seems to indicate that we should have ALSO listed the judgement on schedule F (since this would be unsecured). I do not see this judgement on my schedule F.

I am worried I have a serious problem.

I appreciate everyone's help.

[ValleYum]

Valleyum, I read that article, and according to it, my petition should have :

4) Enter the judgment on the statement of financial affairs #4, suits and administrative proceedings, executions, garnishments and attachments. You have to note the caption of the suit, the case number, the court the suit was filed in, the nature of the proceeding and the status of the case. You only have to list the judgment here if it took place within a year of the filing of the petition for bankruptcy.

I am covered on that one, since SOFA #4 is where the judgement is listed on my petition, including the caption, case number, court it was filed in, nature of the proceeding and the status of the case.

My problem is, this seems to be the ONLY place it is listed, and so, according to your article:

3) Enter the judgment on the applicable schedule. Secured claims go on schedule D, priority claims on schedule E and unsecured debt on schedule F. Claims are listed in alphabetical order. List the creditor by name and address, provide when the debt was incurred and the other information requested on the schedule. The debts are totaled on the bottom of each page and then again on the summary of schedules.

The article #3 above seems to indicate that we should have ALSO listed the judgement on schedule F (since this would be unsecured). I do not see this judgement on my schedule F.

I am worried I have a serious problem.

I appreciate everyone's help.

Although 4) also said that if your judgment took place within a year of the filing; then it only has to go on SoFA #4 - was yours older than that?

And the source of the judgment - was it a creditor or an injury lawsuit or ??? If it was a creditor - are they listed in the petition somewhere??

I hope the attorney got in touch with you today... Non-responsive people (especially those who I am PAYING) make me crazy.