Is this normal? Filing/attorney issues...

[lvceline]

Hey there everyone.

So I contacted an attorney the beginning of April to file bankruptcy. I told him I wanted to file ASAP and paid him in full the same day I contacted him. He suggested I wait a couple months, why I'm not really sure, but I didn't want to drag it out and get past due on everything so I asked him to file as soon as we could. I worked really hard to get all the paperwork in within a couple weeks and everything was set.

We have been corresponding through email and sometimes they get right back to me and sometimes they don't at all. The assistant told me back in mid-April she was planning on filing by the 1st of May. Well the first of May rolled around, and nothing. I didn't want to hassle them so I waited until about the first part of June to contact them because, of course, I'm starting to get collector calls. She told me at that time she was planning on filing by the end of the next week (would have been Thursday 6/14) and to expect an email requiring my signature in the next couple days, but the next Thursday came around and I never got the petition to sign, nothing. I contacted them that day to check the status and let them know I never got the petition, and the attorney emailed me back with the petition to sign and said he would file by the afternoon 6/15. I emailed them yesterday (Monday) to see if they had the chance to file Friday like planned and now my emails are getting returned undeliverable. I sent another email to someone else to make sure it wasn't a problem with my email, and my other emails are going out fine. I sent an email from another email address and it went through, Could it be possible they have blocked my email address? They have been jerking me around so much I don't think it's unreasonable to check in with them after they've said they would file.

I've been getting pretty persistent calls from Wells Fargo and I've been worried they're going to repossess my car (I'm almost 90 days late on payments at this point) so I've been anxious to file and have expressed that to my attorney so I don't know why they keep putting it off. Does any of this sound odd or am I just being impatient? I feel like if they didn't keep telling me they were going to file it wouldn't be as big of an issue, but it's now 3 times they've given me a date and haven't followed through. I'm really worried now they have blocked me from contacting them. Any ideas or advice? I'm worried about calling them in case they did block my emails and risk them getting mad at me and waiting even longer out of spite. I now that probably sounds ridiculous.

[AngelinaCat]

You are going to have to go and camp in your attorney's office. This is what we had to do, or we would STILL be waiting on her to file. We filed at 4:30 PM on the last business day of 2007. We had hired her August 2006.

Good luck to you. Please let us know how it goes.

[tobee43]

welcome to the forum!!

there may be a specific reason your atty wanted you to wait a few months before your actual filing. really, it could be to protect you. HOWEVER that decision should have been up to, and explained throughly to you. i know we waited 2 years to file just to be able to legally and honestly answer NO to some of the questions presented on the petition we needed to sign.

as far as their returned emails i would be extremely upset and agree, i would park myself right in the office and not leave until i get some straight answers. i would also keep calling and calling and calling and calling and record the calls both in writing and tape recorder, while i understand that may not be "legal" in some areas, i would do it anyway. and while you are at it. the BEST thing you can do is put them on notice with a certified letter.

best of luck and let us know how it's going!

[hmsmith]

I would definitely be calling them. It doesn't sound like you sent that many emails. I've emailed my attorney numerous times, before filing and during and he always gets back to me. This is their job! Don't feel bad! I hope this attorney wasn't too expensive in case you end up having to go somewhere else. I would either show up at their office, or call (but if they don't answer or return your calls I would most certainly go down to the office!) GOOD LUCK!

[Bell30656]

This wait could have been to wait a certain period since certain charges or debts. It could have been for income reasons over the six month period. Lots of legitimate reasons to wait. Maybe the attorney had a summer vacation planned.

I also would camp at the attorney's office until I got the answers to the questions. That is why I interviewed so many attorneys before deciding who would be doing my bankruptcy. I'm picky.

[LadyInTheRed]

Never feel bad about contacting your attorney to make sure they are doing their job. They are the ones who should feel bad for telling you they would file on a certain date and not following through. You were right to email on Monday to make sure they filed on Friday as promised.

Always understand the reasoning behind an attorney's advice before deciding not to take it. I wouldn't be surprised if they intentionally delayed filing because there was a good reason to delay. But, that doesn't make it right to tell you they would file but keep delaying. If a client refuses to follow an attorneys advice, the attorney has the choice of convincing the client to change his/her mind, doing what the client asks (usually after sending a CYA letter), or refusing to represent the client.

[SMinGA2]

The attorney may have had good reason to suggest you wait. Could have been to let time pass after you stopped using your cards, for example. But if I were in your shoes I would want the attorney to answer my questions and explain to me their reasoning.

About your car - what is your intent? If you are ~90 days behind now, you'll need to either catch it up ASAP or expect to lose it shortly after the 341.

[lvceline]

Thanks for the replies everyone! This situation has really been stressing me out. I would understand if I needed to wait for whatever reason, all he had to do was explain that. It's just the fact that he kept giving me dates and then nothing happened that really bothered me. The returned emails really caused me concern as well. It was literally he was emailing me one night and then the next day they started getting returned.

Anyway, I decided to grow a pair and called their office this morning and was THRILLED to know he ended up filing yesterday so it's officially been filed. I'm still trying to get my case # though, and now my biggest issue is calling Wells Fargo Dealer Services to let them know. They are leaving pretty serious messages with me and are quite upset I haven't gotten back to them. It's really stressing me out. I will be unbelievably relieved when everything is over and it's discharged and I can move on. It's incredible not having to deal with my debt. It's such a huge weight on my shoulders and I don't ever want a credit card again.

[hmsmith]

Thanks for the replies everyone! This situation has really been stressing me out. I would understand if I needed to wait for whatever reason, all he had to do was explain that. It's just the fact that he kept giving me dates and then nothing happened that really bothered me. The returned emails really caused me concern as well. It was literally he was emailing me one night and then the next day they started getting returned.

Anyway, I decided to grow a pair and called their office this morning and was THRILLED to know he ended up filing yesterday so it's officially been filed. I'm still trying to get my case # though, and now my biggest issue is calling Wells Fargo Dealer Services to let them know. They are leaving pretty serious messages with me and are quite upset I haven't gotten back to them. It's really stressing me out. I will be unbelievably relieved when everything is over and it's discharged and I can move on. It's incredible not having to deal with my debt. It's such a huge weight on my shoulders and I don't ever want a credit card again.

Congrats on finally getting filed!! As far as the case number, you should get paperwork rather quickly in the mail and it will have your case number on it. I received mine with a few days. I know what you mean about feeling stressed out, I was super stressed out too....so you are not alone!! I hope everything goes smoothly for you. I am awaiting my discharge, should be within a week!

[DaisysMom]

I know exactly how you are feeling. There was a time when I thought I had ruined my entire future. What a true blessing it was to find out that I could just literally start over with a new slate and future. It was a hard, gut wrenching decision, but it turned out to be one of the best ones I have ever made!!

Gratz on getting filed and thoroughly enjoy your new start!!

DM

[drowning123]

Daisymom, well said. I feel way better financially post-bk than I did pre-bk. Sometimes the grass is greener on the other side. I've learned so much on how to save and spend wisely, yet enjoying my life. Filing BK gave me an epiphany. It's the best decision I've made in a long while. My blood pressure is literally down.