Attorney won't take my case

[Gerry]

I filed Ch 13 on April 1st, pro se, to stop the foreclosure on my home, which was to occur two days later.

I filed the remaining paperwork within the 15 day period, and during that time, was encouraged by a friend to hire an attorney. Good friend that she is, she's offered to pay the attorney's fees.

I called a law office to inquire about representing me, and was told that because I had already filed, they wouldn't represent me. The reason is that they're worried about getting paid (through the trustee, I assume) and that even though a friend was willing to pay up front, they couldn't take that money because the case is already filed. She gave me the number of the state bar association and suggested I try to find another attorney. That office is closed for the day, so I will try again tomorrow.

~sigh~ Crud.

Any assistance with these questions will be most gratefully appreciated....

First, I presume that I'll have trouble finding an attorney for the very same reasons that this law firm turned me down. True?

Second, if I ask for dismissal of the current Ch 13 so I can start over with an attorney, does anyone know how soon I could file again? I've searched both here and online, and I'm confused.

Third, if that delay between filing the current Ch 13 and filing a new Ch 13 is relatively short, does anyone know how long it would take a mortgage company to restart the foreclosure process? I'm concerned that it's something they can just rubber stamp as soon as they're notified the case is dismissed, and my 2nd filing won't be in time.

And here I thought I was doing myself a favor by filing myself ASAP. Duh!

[HHM]

Frankly, most attorney's won't take a case that has already been filed.

Also, the plan to voluntarily dismiss and refile is fraught with problems because upon your refiling, you need to demonstrate to the court that the refiling is in good faith (i.e that you have a good reason).

Although it is advisable to have an attorney with a chapter 13, you might as well keep the case moving forward and see what happens. If things start to go awry, you can always dismiss, but since you have already started the case, you might as well see it through.

[CindyLou]

I wouldn't give up though. If you have someone willing pay, believe me there is someone out there willing to represent you.

[Gerry]

upon your refiling, you need to demonstrate to the court that the refiling is in good faith (i.e that you have a good reason)

From my perspective, realizing I'm over my head and need an attorney is good reason, but the trustee may very well disagree. LOL!

I'll call the bar association this morning and test the waters, but will proceed alone, if necessary.

Thanks for your help!

[Gerry]

I think I've found an attorney. Over the phone, he seems very professional and sharp. I've got an appt with him this afternoon at 4:30, and am crossing my fingers that he can help me through the rest of this.

Incidentally, I got his name from the trustee's office. I called them with a question and the assistant suggested I discuss it with my attorney - when I told her I didn't have one and was having trouble finding one to take my case, she gave me a few names to try.

[One Half Full]

From my perspective, realizing I'm over my head and need an attorney is good reason, but the trustee may very well disagree. LOL!

I'll call the bar association this morning and test the waters, but will proceed alone, if necessary.

Thanks for your help!

Not question, but comment: Law is a very specialized field. Many people who have acted as their own attorney have gotten in terrible trouble. I'm glad that you had a friend to help you in your time of need. Good luck.

[HHM]

Hopefully the attorney will work out for you. I didn't want to discourage when I said that many attorney's will not jump into the middle of a case, but it simply takes some time and leg work to find the attorney that will.

[Gerry]

Thanks, folks. I do appreciate straight talk.

The attorney reviewed my case and wants to take us on. Such relief! He wants to modify a few of the schedules and the plan, but said on two occasions that he was very impressed with the paperwork I submitted - even commented that since the law change, most attorneys couldn't have done as thorough a job. And THAT, my friends, is entirely due to this forum. I've learned so much here.

He knows my trustee and said that he's very fair. Our 341 is on Monday, but he's sure he can get a two-week extension so we can prepare for it properly. I'm not sure what changes he'll be making to the plan, but he didn't blink or question my proposed payment - yet.

Soo, although I still feel some trepidation, it's sure a huge relief knowing I have someone to represent me now.

Thanks for all the advice.

[2muchstress]

attorny - before/after taking the case, can have two faces. mine did. he was so nice to give consultation with smiles, and was waiting until i signed a paper with him to proceed. during the filing days, boy , his attitude got so obnoxious asking budget questions over the phone... he got so furious when i hesitated on answering this question ' how much do you spend on laundry a week or a month?'

honestly i do not even know. i use washer/dryer at someone's house. how do i know?

he yelled at me on a phone saying im wasting his time, and used up the fee i paid him for filing, by having him wait on weak answers etc. what nots.

ohhhh gawwwd.

[Gerry]

When I filed a Ch7 back in 2002, I saw three attorneys before I found one I could work with. Sometimes you have to trust your gut. This attorney strikes me as a professional who will be responsive and consistent (read: emotionally stable ;) ).

I'm sorry you had to deal with an arse, 2much.

[Cali]

I picked our attorney on gut feeling.

2much, did you talk to other attorney's before you picked the idiot one?

[sisterfunkhaus]

Thanks, folks. I do appreciate straight talk.

The attorney reviewed my case and wants to take us on. Such relief! He wants to modify a few of the schedules and the plan, but said on two occasions that he was very impressed with the paperwork I submitted - even commented that since the law change, most attorneys couldn't have done as thorough a job. And THAT, my friends, is entirely due to this forum. I've learned so much here.

He knows my trustee and said that he's very fair. Our 341 is on Monday, but he's sure he can get a two-week extension so we can prepare for it properly. I'm not sure what changes he'll be making to the plan, but he didn't blink or question my proposed payment - yet.

Soo, although I still feel some trepidation, it's sure a huge relief knowing I have someone to represent me now.

Thanks for all the advice.

That is awesome!!

[Gerry]

We had our original 341 yesterday. As I handed over my DL and SS card, my attorney explained to the trustee that he just picked up the case on Friday and asked for an extension. They discussed a few items on the forms - the trustee was confused about the amount of the mortgage and arrears, and pointed out that the plan proposed $525 a month but the schedules showed $681 in discretionary - but otherwise he seemed satisfied. I wasn't sworn in, and at the end, the trustee smiled and apologized for getting distracted and not introducing himself to me. He rescheduled the 341 for June 9th, so we'll have plenty of time to prepare and resubmit a new plan.

If anyone is preparing for a 341 in Syracuse (Northern District of New York), be assured that trustee, Mark W. Swimelar, is a very polite, soft spoken, and seemingly kind man. I watched a few cases prior to being called, and he was consistently non-threatening. He did have a question for each couple, but nothing off the wall or tricky (at least that was my impression; no one seemed to stumble with their responses). Each lasted about three minutes and at the end he smiled and wished them good luck. I wouldn't call him intimidating by any stretch.

So, I'm on my way, this time with an attorney riding shotgun.