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If you can't trust your lawyer.........

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    If you can't trust your lawyer.........

    I knew it was too good to be true. I have been reading this board and preparing for bk for over a year and a half. Hubby finally filed alone, had his 341 meeting and everything going along just fine.

    Today, he got a letter from the trustee saying he has $625 more in disposible income than originally thought. We can barely meet ends now. I still have to file as soon as I sell the car my stepfather cosigned for me.

    The attorney made it sound sooooo simple when hubby filed. I was with him. I kept asking him what about this...?? What about??? What about??? Do we have to ?????? He just kept smiling and said this area is fortunate that we have a great group working together and not to worry about anything.

    So much of what I have read on this board was laughed at when hubby filed. The lawyer told me to stay off of the internet @@.

    The staff at the lawyers office aren't too bright. All this lawyer does is bk. I would think he'd know how to do an accuate payment plan.

    I have to stew about this alone.....til morning, because hubby is at work and I don't want to call and ruin his night, and I can't talk to the lawyer......well, someone in his office....until tomorrow. If then.

    Anyone have similar experience???

    Toooooomuch!!!
    ~~~ Toomuch ~~~

    Filed Chapter 7 - 10/15/08
    341 Meeting - 11/13/08

    #2
    Did your hubby consult with more than this attorney?

    Comment


      #3
      Originally posted by Cali View Post
      Did your hubby consult with more than this attorney?
      Oh yes. 4 of them. I did the legwork and he just tagged along. I really liked this lawyer we finally chose but since we filed, it hasn't been all sunshine and lollipops like he made it out to be. Mind you I KNEW it wouldn't be. But hubby sure thought so. I just wonder what else is going to bite us in the butt.

      For instance, he told me to keep one secured credit card but use it for emergencies only. I have one from Orchard with a security deposit of $800. Sorry, my Mom has terminal cancer and now it's a day to day thing. I'm going to have a credit card in case I need to book a flight asap. I don't have extra money in the bank to use a debit card.

      He told hubby he doesn't have to report any overtime......income tax refunds......

      He even listed a car hubby's mom bought for him but he's making the payments. It's in his mom's name...with hubby as an additional driver. His mom doesn't even drive.

      Toomuch
      ~~~ Toomuch ~~~

      Filed Chapter 7 - 10/15/08
      341 Meeting - 11/13/08

      Comment


        #4
        Before you go hafl-cocked on your attorney...what exactly is the problem? Where is the trustee getting his figures and did you file a 7 or 13.

        Just because the trustee sent a letter, does not mean the trustee is right or that the trustees request is set in stone.

        Comment


          #5
          Originally posted by HHM View Post
          Before you go hafl-cocked on your attorney...what exactly is the problem? Where is the trustee getting his figures and did you file a 7 or 13.

          Just because the trustee sent a letter, does not mean the trustee is right or that the trustees request is set in stone.
          He filed a 13. Trustee got the figures via attorney, via questions he asked. I was upfront and honest about everything. He did not ask for any documents other than paystubs and bank statements. Bank statements do not really tell much as most of the bills were paid via money orders.

          Oh....the problem is out of the blue, I got a letter today saying we need to pay $625 more a month. That's not chump change to me.

          Also, the lawyer told hubby not to bother attending the confirmation hearing on May 5th although he has received 2 letters stating he MUST ATTEND. Lawyer says no. His staff says hubby should go if at all possible...BUT...if the lawyer said not to, then don't worry about it.

          I don't know how anyone can *not worry* about any phase of BK. Or am I being paranoid for nothing??

          Toomuch
          ~~~ Toomuch ~~~

          Filed Chapter 7 - 10/15/08
          341 Meeting - 11/13/08

          Comment


            #6
            But where is that extra $625 alledgedly coming from. What expense objection or calculation is the trustee using to get that extra money.

            The lawyer is correct, if you are represented, the debtor need not attend the confirmation hearing (unless there is an unresolved objection).

            Comment


              #7
              Originally posted by HHM View Post
              But where is that extra $625 alledgedly coming from. What expense objection or calculation is the trustee using to get that extra money.

              The lawyer is correct, if you are represented, the debtor need not attend the confirmation hearing (unless there is an unresolved objection).
              Thanks HHM, for clearing up the confirmation attendance concern.

              The letter just said dh was above the median, that he needed to be in a 5 yr plan (which he already is), and his disposable income was $625 more than previously calculated.

              I guess we will have to try to contact the lawyer tomorrow. I'll be nice

              Toomuch
              ~~~ Toomuch ~~~

              Filed Chapter 7 - 10/15/08
              341 Meeting - 11/13/08

              Comment


                #8
                I guess it varies state by state but our letter said attendance at 341 is MANDATORY..and we're represented too.
                04/04/08 filed Ch. 13
                5/08/08 341 hearing
                6/12/08 Confirmed

                Comment


                  #9
                  Originally posted by parsoc48 View Post
                  I guess it varies state by state but our letter said attendance at 341 is MANDATORY..and we're represented too.
                  I'm not talking about the 341 meeting. He went to that one. There is another one, a month later (May 5) that I thought was a plan confirmation hearing but I could be wrong about that. It's in the stack of papers to keep track of.

                  Toomuch
                  ~~~ Toomuch ~~~

                  Filed Chapter 7 - 10/15/08
                  341 Meeting - 11/13/08

                  Comment

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