Help Please-Should I fire my atty???
I filed 13 at the end of October and had my first meeting with the trustee. Everything went well, even though the BK mill attorney I had paid $1500 to (and who was to get $4000 under the plan) told me that the plan wouldn't be accepted, it was. I had lurked here for months and you guys and the links I followed made me insist that certain things I thought were valid should be included. When I filed, my first mortgage holder told me they would not accept any payments on the house and not to send anything until the trustee approved the plan. The 2nd mortgage holder said send the money! At the hearing, the trustee asked for proof of payment and I told them what Chase (the 1st) said. The trustee had heard it before and said to pay them and provide proof of payment. There is a hearing on the 11th to submit those docs. That was the only thing the trustee wanted. I scrapped together the money, skipped Christmas to do so, and my attorney told me to send cashier's checks. Meanwhile, on the 18th, Chase' attorney sent my attorney a letter seeking to lift the stay to foreclose. He never called them back, rather, his staff (the same one who couldn't get my schedules right and who screwed up the budget, with no deductions, even though my paycheck stubb shows them), simply mailed me a copy with "FYI" written at the top. I called them and called them, no response. I tried to call Chase and their attorney, but they all said that they couldn't talk to me because I had an attorney! Then in checking PACER (thanks you guys for telling me about that!), I found out that a motion had been filed on the 31st. I called in a panic and sent more emails, holding on the phone for hours until someone came on, they denied doing anythng wrong, and said they would now call Chase' attorney. The attorney for Chase wants to be paid $1000 for filing the motion and now my attorney wants $900 up front (at $300 per hour) to oppose the motion!!! (He said the $4000 is to cover his "appearances" during the 5 years I am in 13) Does this sound right? How many appearances does an attorney have to do.
I really want to fire this guy, but am afraid to go it alone. I can't afford to pay him $900 and figure I can show up at the hearing and show the cancelled checks and if I have to pay the fees, I will if the judge gives me enough time. What do you guys think? You have helped me with this process without even knowing it for so long, and I appreciate your help now.
I really want to fire this guy, but am afraid to go it alone. I can't afford to pay him $900 and figure I can show up at the hearing and show the cancelled checks and if I have to pay the fees, I will if the judge gives me enough time. What do you guys think? You have helped me with this process without even knowing it for so long, and I appreciate your help now.
341 meeting 9/20/07
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