My husband and I filed Chapter 7, jointly, and were discharged at the end of 2006. I am soooo relieved to be out from under all the stress and worries! However, I do have a few complaints, and wonder who to go to, or even if I should at all. Afterall, I am happy everything is finished, and the complaints are not life threatening, but...
We had an initial consultation with our chosen attorney and met with both him and his assistant. My husband and I were happy with what they said and decided to use their services. We filled out the initial paperwork and returned it, made an initial payment to retain the attorney's services, and were given a timeline of when everything would be filed and when we should complete debtor's education, etc. (Sorry, this meeting is a bit hazy...so long ago!) We opted to pay in installments - they were not concerned with the amounts or when they were received as long as everything was received prior to the 341.
Our next meeting was with the assistant. We came back and looked over the paperwork from the prior meeting. We discussed my student loans and I was told that they would likely be included in the BK because of my employment status (unemployeed). (I now know, from this forum, that this isn't how that works, etc.)
Two weeks later, we receive a bill/statement. Our previous $600 payment had not been credited. I called the office and was notified that the assistant was no longer with the firm and she had not indicated our payment. Although I was surprised, I know mistakes happen, and I had the numbered cash receipt from our visit, so I wasn't terribly worried. My husband dropped the information off at the office the next morning and the receptionist had called by noon to apologize and let me know everything had been corrected. I thought everything was OK, no complaints except a little initial worry, ya know?
Anyway, we made our last payment, and went through our 341. At the 341, the trustee questioned us about a vehicle he "found" that "belonged" to my husband. Neither of us owned a vehicle at that time. We testified that it wasn't ours, he accepted the testimony as fact, and notified our attorney that the information would be changed -- I'm not sure what he said to him, but my attorney said it was no problem, a mistake on the trustee's part, and that the attorney would explain via phone the next day b/c he was in court all day that day. He never called to explain and didn't return my calls.
Seriously, I have not spoken with him since the 341 meeting. Since then, I have called and sent letters asking about the original trustee mistake, my student loans and if they would be included, and a local creditor that continued to deny that they had even been notified of our bankruptcy.
During this time, we received notification from the bankruptcy court that we had been discharged. (Yay!
)
In reference to the local creditor denying notification of the BK: I called our attorney and left a message with his receptionist that they still denied notification. She requested that I send her the letter from them asking for payment. My husband hand delivered it to her within 24 hours. She assured him that it would be taken care of. A couple weeks later, I received another letter/bill from the creditor. I called them and gave them our attorney information. Then a month later, we received a letter stating that since payment had not been received, the debt would be turned into our State (Treasury?/Whatever) and taken from my husband's tax return. I called the creditor and again explained that the debt had been included and discharged in bankruptcy. They checked their files, noted that they had both called and faxed a request of proof of bankruptcy, and my attorney had never contacted them. Now, tired of getting the run around, I took the paperwork to them myself.
So...I know thats a long story, and nothing earth shattering happened, but I was very upset at the non-communication from our attorney. I mean, I didn't need him to hold my hand the entire time, but I am a bit miffed that I was led to believe that my student loans would be forgiven and that he never contacted that creditor that continued to send bills/threats after we were discharged! And, the non-communication that began at/after the 341, is to me, inexcuseable. None of my calls have been returned and his is conveniently out of the office whenever I am able to stop by.
Is there any point in complaining about him? And, if so, to whom do I send those complaints?
We had an initial consultation with our chosen attorney and met with both him and his assistant. My husband and I were happy with what they said and decided to use their services. We filled out the initial paperwork and returned it, made an initial payment to retain the attorney's services, and were given a timeline of when everything would be filed and when we should complete debtor's education, etc. (Sorry, this meeting is a bit hazy...so long ago!) We opted to pay in installments - they were not concerned with the amounts or when they were received as long as everything was received prior to the 341.
Our next meeting was with the assistant. We came back and looked over the paperwork from the prior meeting. We discussed my student loans and I was told that they would likely be included in the BK because of my employment status (unemployeed). (I now know, from this forum, that this isn't how that works, etc.)
Two weeks later, we receive a bill/statement. Our previous $600 payment had not been credited. I called the office and was notified that the assistant was no longer with the firm and she had not indicated our payment. Although I was surprised, I know mistakes happen, and I had the numbered cash receipt from our visit, so I wasn't terribly worried. My husband dropped the information off at the office the next morning and the receptionist had called by noon to apologize and let me know everything had been corrected. I thought everything was OK, no complaints except a little initial worry, ya know?
Anyway, we made our last payment, and went through our 341. At the 341, the trustee questioned us about a vehicle he "found" that "belonged" to my husband. Neither of us owned a vehicle at that time. We testified that it wasn't ours, he accepted the testimony as fact, and notified our attorney that the information would be changed -- I'm not sure what he said to him, but my attorney said it was no problem, a mistake on the trustee's part, and that the attorney would explain via phone the next day b/c he was in court all day that day. He never called to explain and didn't return my calls.
Seriously, I have not spoken with him since the 341 meeting. Since then, I have called and sent letters asking about the original trustee mistake, my student loans and if they would be included, and a local creditor that continued to deny that they had even been notified of our bankruptcy.
During this time, we received notification from the bankruptcy court that we had been discharged. (Yay!
)In reference to the local creditor denying notification of the BK: I called our attorney and left a message with his receptionist that they still denied notification. She requested that I send her the letter from them asking for payment. My husband hand delivered it to her within 24 hours. She assured him that it would be taken care of. A couple weeks later, I received another letter/bill from the creditor. I called them and gave them our attorney information. Then a month later, we received a letter stating that since payment had not been received, the debt would be turned into our State (Treasury?/Whatever) and taken from my husband's tax return. I called the creditor and again explained that the debt had been included and discharged in bankruptcy. They checked their files, noted that they had both called and faxed a request of proof of bankruptcy, and my attorney had never contacted them. Now, tired of getting the run around, I took the paperwork to them myself.
So...I know thats a long story, and nothing earth shattering happened, but I was very upset at the non-communication from our attorney. I mean, I didn't need him to hold my hand the entire time, but I am a bit miffed that I was led to believe that my student loans would be forgiven and that he never contacted that creditor that continued to send bills/threats after we were discharged! And, the non-communication that began at/after the 341, is to me, inexcuseable. None of my calls have been returned and his is conveniently out of the office whenever I am able to stop by.
Is there any point in complaining about him? And, if so, to whom do I send those complaints?
. I believe it's important to hold professionals accountable for their practice (or lack of it).
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