Sheriff Sale - Must hold em off!!

[gophermn]

Hi some of you might have read this in the CH7 forum. I will be getting served the end of December for a Sheriff Sale to take place 1/31/08. This Sheriff Sale is on a rental dwelling.

I need this property to remain under CH7 means test. Per my attorney if they dont file and the Sheriff Sale happens, I have to move to a CH13.

My question is this,
1. What can I do to push the Sheriff Sale for another month or two?
2. Should I tell the lender that I filed CH7 on the rental property? If yes, will this hold off the Sheriff sale or is it too late?
3. If by chance I send them something like $200 and they cash it, does that start the process all over?

I wish my attorney would just file. I met and paid in full 10/19/07.

P.S> I moved this post as I messed up and hijacked another thread. So here we go (again)..

[poorme]

Why hasn't the attorney filed yet?
Are you single? Married? Family/kids? The only hope to getting the sale rescheduled is to get the lender to agree to withdraw and reschedule. Without a sincere 'hardship' that will be difficult. I was able to get a sale moved out two months due to scheduled surgery for a family member by convincing the bank that a forced move-out during the immediate post-surgical period would not be possible. They didn't want the presumed publicity of having to bring in a stretcher for an eviction!

[rrockinggramma]

report your attorney to your lawyers ethics board in your state. Get ahold of the state bar. They will light a fire under his . . . . .

[HHM]

There are 2 possibilities.

1. For whatever reason, your attorney is being lazy.
2. That your attorney is aware of the problem and being shrewed and waiting until the last minute to file to give you the maximum amount of time to stay in the home.

You can file BK on 11:59pm on 1/30/08 and STOP the sheriff sale.

In any event, you need to get in contact with your attorney and sort this out.

[gophermn]

Thing is, its a rental home so I care less about staying there. I just need him to file so the CH7 is locked in (before the Sheriff Sale).
I left a msg last night (12/12/07) after posting this and have not heard anything. I will call again Friday and if nothing, will do what rrockinggramma said.

I am thinking because I had a credit card associated to a business (LLC) is taking longer, but 3 months to file from initial consultation? Help?

[FreshLikeADaisy]

I am thinking because I had a credit card associated to a business (LLC) is taking longer, but 3 months to file from initial consultation? Help?

It only takes that long if he doesn't read or write English.

I'm with rockinggramma and HHM: you have to get in contact with the attorney to sort it out, and if you don't, make a complaint with the bar association for client abandonment. As gramma says, that should light a fire under him.

If you don't get an answer from your attorney pretty soon, you will have to take action on your own. In other words, if you really start running out of time, you may have to file your own petition if necessary, file an emergency petition (a minimal version of the petition that gives you an additional 15 days (IIRC) to file everything you left out, or if you can afford it, hire another attorney.

So far you have plenty of time, but the fact that you paid the attorney all the way back in October and have not had answers since is very troubling, I agree. Has he even sent you the completed paperwork to review, or asked any further questions... anything?

[gophermn]

I talked with the attny today and needless to say the first time I felt like crap wasn't the decision of filing BK but listening to my attny and the office mgr. I wont say names but the office mgr who works with the attny told me today that it takes 60-90 days after the full pymt to process the papers and get them in order. Well that was October. When I asked the office mgr why I hear of others filing-meeting-discharging in 90 days the office mgr literally yelled back saying if I ask another question she is going to charge me an additional fee.
I then asked about a refund and they said they will give me back everything minus $450. If so, I will have some xtra cash to fire my current attny and hire a new one. Of course all that pending they give me the $$$ right away and not 30 days.
I just hope this attny does not throw out all my info like taxes, pay stubs, w2's etc..

Of all the shi** people out there I put my trust in this firm and look where it got me? More headaches!

[FreshLikeADaisy]

I talked with the attny today and needless to say the first time I felt like crap wasn't the decision of filing BK but listening to my attny and the office mgr. I wont say names but the office mgr who works with the attny told me today that it takes 60-90 days after the full pymt to process the papers and get them in order. Well that was October. When I asked the office mgr why I hear of others filing-meeting-discharging in 90 days the office mgr literally yelled back saying if I ask another question she is going to charge me an additional fee.I then asked about a refund and they said they will give me back everything minus $450. If so, I will have some xtra cash to fire my current attny and hire a new one. Of course all that pending they give me the $$$ right away and not 30 days. I just hope this attny does not throw out all my info like taxes, pay stubs, w2's etc..

Of all the shi** people out there I put my trust in this firm and look where it got me? More headaches!

OMG, dude. (Damn, I just sounded like a Britney Spears fan club member. Note to self: stop.)

I think, if it were me, I would be so pi**ed off I couldn't see straight. After I cooled down, I would go to the attorney's office and demand my records back. Politely, but the second I was told I couldn't have them, I would announce, "I'll wait," and plop my ass down in a chair. That "camping out" gesture usually gets me results. So does waiting in the hallway for the head man himself ready to pounce the second he comes out.

After I got my records back -- or if I couldn't -- I would file a formal complaint against that attorney *immediately*, regardless of what I intended to do next, regardless if I had gotten my money back or not. See, a bar complaint is not something an attorney can ignore. It's not all that serious in and of itself, but it shows them up for what they are in front of their peers, and can even lead to discipline or, in serious cases, expulsion from the bar and losing one's license to practice law. If you do one, I'm pretty sure you'll get your money back as well as your records, especially if you can note the various times you tried to contact him, the behavior of the office manager, etc. Everything you've told us, tell them.

And of course, look into all your other options. Thank God you didn't just sit back and keep waiting! At least now you know what you got into, and early enough so that you still have other viable options.

I really hope you take action on this and file a complaint, not only for yourself, but for the guy behind you. Too many complaints are very hard for an attorney to live down. Good luck!!!

[FreshLikeADaisy]

Gopher, check out this thread: http://www.bkforum.com/showthread.php?t=19233

It includes a post with the link you need to file a disciplinary complaint...

[FreshLikeADaisy]

Hey Gopher, I figure with "mn" on the end of your name you don't live in California, but they have a very informative site on just how to do a complaint and what to send, etc.

Of special note are the following statements:

If you are having difficulty communicating with your attorney.
If you are having difficulty with communication with your attorney, you should consider the following before filing a complaint with the State Bar:

-- Telephone the attorney's office and leave a message for a return call.

-- If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested, requesting the attorney to contact you within a specified (reasonable) period of time. If the attorney fails to respond, this letter can be used as evidence for future State Bar purposes.


If you are having difficulty obtaining files from your attorney.
The Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled. The complete original file belongs to the client and the attorney may copy the file at his or her own expense. However, if an agreement has been entered with the attorney relating to copy costs, you may be responsible for such costs. This is only true when you are seeking copies of the file while you are still being represented by the attorney. You should make a formal request to the attorney in writing. If the attorney fails to respond, this letter can be used as evidence for future State Bar purposes.

Here's the site:

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10136&id=1144

Here's the link to the Minnesota Lawyer's Professional Responsibility Board (there are links on the left hand side to complaint procedures, and also a place where you can look up your attorney and see if he has any disciplinary record):

http://www.mncourts.gov/lprb/index.asp

[gophermn]

Thanks much!!! I will check out thse sites. I think I will fire them and begin the process again. Last night I put about 5 calls into other Attns so hopefully they can work with me & quickly!
Thanks again.
60-90 days to file After pymt is received> What the he**

[FreshLikeADaisy]

Actually, Gopher, I'm glad you posted. In the last week or so I've seen three or four attorney horror stories -- I mean bad ones -- and yours was the latest. Somehow it spurred me to go a'diggin, and as it turns out, there are a set of Rules of Professional Conduct for attorneys in every state, created and enforced by the state Bar Association (in most instances). I read through a whole mess of admonitions (the "speeding tickets" of the legal profession) and other disciplinary actions, the rules themselves. And every single thing in these attorney horror stories is addressed in the Rules of Professional Conduct. For instance, you have a right to be contacted by your attorney in a timely fashion, whether he thinks you're an idiot or not. You have the right to have your fees set out before you in writing before you hire him (i.e. no "dumbass" fees like the office manager threatened to charge), etc.

Oh, and speaking of lil Miss Etiquette herself, every attorney bears the responsibility of ensuring that members of his staff perform to levels that meet his own professional and ethical responsibility: in other words, he can't cuss and scream at you or otherwise verbally abuse you (it's in the rules!) therefore she cannot. He cannot charge you new and undocumented fees, therefore she cannot. He cannot withhold your file from you *at all*, therefore he cannot blame it on her if she does. He must promptly return unearned fees; he can't hide behind her skirts when you file a complaint that he has not done so, or not done so fully.

Don't thank me, thank you! I learned so much. Now I know. Forewarned is forearmed.

[gophermn]

WOW! Thanks for the research! I am going to call them today and Cease and Desist all further action and tell them I will be in Monday next week to pick up original documents and refund. I talked to an attorney today and lets just say I felt more at ease (but like you) I have the gloves up and guard in place. Hence not all attorneys are the same but I got kicked and that wont happen again.
I hope they do refund me in a timely fashion so that I can use that $$ to retain the new attorney.
FYI: talking to the new attorney he said that once they are paid in full and they have all documentation, he finds no reason to file 5-10 business days thereafter.

In all I felt like crap and when I hung up the phone yesterday that law firm made me feel like the lowest piece of sh** around. Christ I already feel bad and embarrased to me and my wife, and these people add insult to injury. Oh well, I think I will feel better when I cancel their services.

And THANK YOU for the research. Watch in the next few days when you see a new post "I FIRED MY ATORNEY" :-)

[demismom]

We paid in full in February, but our attorney didn't file until JUNE! It all worked out in the end, but damn it WAS frustrating! They were ALWAYS willing to talk with me, they were just swamped is all. GL!

[gophermn]

Wow, thats too long demismom. I guess now it all is ok but I bet you thought otherwise when April/May came around..