Fire my attorney?

[bcvw]

I just had a thought. This guy is going to roll some of the cost ($800) into the plan. According to the retainer contract, he earns the full amount once a petition is prepared. If I fire him and go with someone else, I could include the rest of what I owe him into my unsecured creditor matrix, right?

That might be enough for me to dump him.

[bcvw]

I did it.

I fired him this morning.

I have an appt with a very experienced CH13 firm next week. This attorney said we should be entitled to a portion of what we paid the other attorney back, if it isn't given up freely, he will ask the former attorney to make it right. In any event, the old attorney will be put in my creditor matrix so he can't come after me for any money.

I already feel better.

[liz417]

I did it.

I fired him this morning.

I have an appt with a very experienced CH13 firm next week. This attorney said we should be entitled to a portion of what we paid the other attorney back, if it isn't given up freely, he will ask the former attorney to make it right. In any event, the old attorney will be put in my creditor matrix so he can't come after me for any money.

I already feel better.

WhoooHoooo!! Finally!!! What made you finally do it?? Did you retain the other attorney first or phone consultation??

Either way, Congrats! I think you'll have so much less stress!

[Hope2009]

He also said my 401k loan would have to be paid from within the plan so the trustee would get a cut of it. I find this hard to believe as it is a payroll deduction and there is no way my 401k plan allows for outside payment. Any thoughts on this?[/QUOTE]

I am supprised that you can included 401K loan within the plan. I plan to file for BK next month and have 52K in 401K loan

[ready2puke]

Congrats...its about freakin' time...good for you

[soleprop]

as usual i'm late with a reply - but sooo glad to see you're rid of this guy and on to better representation!!!

congrats!

[bcvw]

I'm off to meet with the prospective attorney this morning, wish me luck! I hope to come away from this with a good feeling.

[bcvw]

Well, that went very well.

The attorney and I reviewed all the paperwork that the previous attorney had started and the new guy couldn't understand why it had taken so long. He identified I also got screwed to the tune of $300/month due to the raise I got in July that mostly could have been left off the 180 day lookback had we filed in late September as was the plan.

In any event, he made an appt with me for mid-next week to look at the paperwork he will prepare in the next few days and then make any changes while I am there. Then all that has to happen is to sign it and file.

It cost me another grand out of pocket, but live and learn. I will at some point send a complaint to the State Bar against the first attorney.

What a difference!!

[liz417]

Well, that went very well.

The attorney and I reviewed all the paperwork that the previous attorney had started and the new guy couldn't understand why it had taken so long. He identified I also got screwed to the tune of $300/month due to the raise I got in July that mostly could have been left off the 180 day lookback had we filed in late September as was the plan.

In any event, he made an appt with me for mid-next week to look at the paperwork he will prepare in the next few days and then make any changes while I am there. Then all that has to happen is to sign it and file.

It cost me another grand out of pocket, but live and learn. I will at some point send a complaint to the State Bar against the first attorney.

What a difference!!

Good to hear that your case is finally looking up!

[bcvw]

We filed yesterday!

We still have to file the schedules and plan in the next week or so, but at least we are now progressing and I feel really comfortable about the new attorney. We went through our budget and he added a lot to some of our categories and took a little away from others. He is also a standing trustee so that makes me all the more confident that he knows his stuff.

I do get to keep making my 401k contributions, too.

He figures our plan payment will be between $1K and $1500 including our almost $500 car payment. 60 months. I can live with that!

BTW, the previous attorney refused to even give back the $274 filing fee I paid him, none of which he should be entitled to. He wouldn't give any of electronic copies of what he had prepared to the new attorney because he "didn't know how to email it." Almost $1300 lost in total. Oh, and add another $75 to take the counseling over again. He also told my attorney that he really liked me.

[Genenco]

I REALLY hope you put a nice BIG black mark with him at the State Bar. He's a dangerous creature running loose and either should be caged(Disbarred) or euthanized!

God forbid he's lucky he's not been sued, disbarred or (I truly hope) caused damage to his clients!

I'm thrilled you took the action needed..Scary thoughts!

[jgordo52]

I filed yesterday too, I definitely didn't have the problems that you had, and I went with a law firm that is on tv frequently over the midwest and so far no complaints.

[ready2puke]

So happy for you what an ordeal..I have a thought for you. Once this is all filed and your mind is free, I would take this joker to small claims court!!!!!!!!!!!!!!!!! I would file for the entire amount and let the judge make the dicision on what you should get. You will get at least the filing fee and I just have a good gut feeling you will get alot more out of it. It would be worth my time thats for sure. And file a complaint I think I would do that first and take that paper work to the small claims court so the judge knows you mean business. Thanks my 2 cents. have a good new year...

[bcvw]

Just to update on my attempts to get something back from the attorney, I'm following a few steps.

1. My new attorney asked him twice to at least return the unused filing fee. No response.

2. I sent him a letter appealing to his sense of right to return the filing fee and a portion of the fees paid to him. I outlined diplomatically why we were dissatisfied with him and why he was not entitled to keep the filing fee. Waited 30 days and go no response.

3. Filed a request for fee arbitration with the State Bar. He has 30 days to respond. IF he does, he can either give me what I asked for, or it can go to arbitration with a Bar provided arbitrator. If he declines or does not respond, I have one more piece of evidence to support me when I take him to small claims court (which I threatened to do in my arbitration brief). Two weeks have passed by since he was "served" by the Bar.

I kept very good records of all dates and conversations over the 5 months this joker strung us along. I can't wait to take him to court and have him explain himself to a judge.

[2Bshinyandnew]

Just to update on my attempts to get something back from the attorney, I'm following a few steps.

1. My new attorney asked him twice to at least return the unused filing fee. No response.

2. I sent him a letter appealing to his sense of right to return the filing fee and a portion of the fees paid to him. I outlined diplomatically why we were dissatisfied with him and why he was not entitled to keep the filing fee. Waited 30 days and go no response.

3. Filed a request for fee arbitration with the State Bar. He has 30 days to respond. IF he does, he can either give me what I asked for, or it can go to arbitration with a Bar provided arbitrator. If he declines or does not respond, I have one more piece of evidence to support me when I take him to small claims court (which I threatened to do in my arbitration brief). Two weeks have passed by since he was "served" by the Bar.

I kept very good records of all dates and conversations over the 5 months this joker strung us along. I can't wait to take him to court and have him explain himself to a judge.

Good for you for following through!

I wonder if you can ask for damages in addition to the filing fee? The $75 for the 2nd debt counseling course and maybe even the difference between what your paying monthly now as opposed to what your plan would have been if you had filed in July? Just thinking out loud. Keep us posted!