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    More ranting re: Attorney

    Just want to vent. Maybe someone can tell me it's ok and not to worry if that's the case.

    It just seems the guy was too busy to take the case or something. When we first met 5/17 i told him i was going to file. I would stop paying cards and that would pay his Fee. At that time i gave him list of creditors, Credit report pulled that day, 2 years tax, and one month paystubs. Called 2x after that to touch base.

    Met again to pay 6/13. Provided all necessary paperwork. He said 2-3 weeks to file. I heard nothing from him so called 7/7. Got a return call 7/8 and was told to call Monday 7/11 and we would shedule a meeting late in the week to go over everything. I stressed how important this was for me to get moving and waiting is driving me crazy, asked for early in the week meeting - he complied and we met 7/12.

    First thing he asked was have i completed the course. I stated per our original conversation that was included in his Fee and i have been waiting for instructions. He said "oh yeah" and call tomorrow for his code. Next thing i noticed (and this puzzled me becuase he called the previous day asking questions like 1st mtg and previous employer) he was obviously getting my credit report - which made me think he had not even looked at my case since we met! On the forms he had some items listed 3x, he had my name spelled incorrect, my main bank acct was not listed.

    After we cleared up the issues i left feeling ok. The next day i called and got his code. Had some problems registering, called and he told me he was not certain if they billed him or not - i should pay and he would reimburse. No worries, easy test, completed and certificate sent. I then called and asked if he would file that day or Thursday - Not friday. He replied "how about saturday?" i said i would prefer earlier but...okay.

    I have not heard back. I called today and left msg for status. No response.

    My main concerns: I stopped paying in Cards in may. As time goes by more black marks hit the report. The sooner i file it's just one black BK instead of the numerous.

    Here is a biggie. I am including 3 vehicles i plan to keep. 2 are mine, one is my Mothers, but in my name. All are about even in equity, actually depending on valuation could have equity. As time goes on i still have to make payments, this bringing down balance and possibly making the difference more glaring to the trustee.

    I am trying to time the 341 to where i have little to NO money in Bank Acct. There are times in a month, after just being paid and and bills not yet due that i may have $2500. I do not want to show up at that meeting with $2500 in my acct.

    Am i over-reacting? it just seems that he said 2-3 weeks and today marks week 6!!!
    Last edited by InOverHead; 07-18-2011, 12:42 PM.

    #2
    BEEN THERE.

    Here is what I would do knowing what I know today. First, get the C7 book from Nolo Press 26 bucks download online pdf format. Then write him a letter that due to his lack of interest and poor performance that you wish your fee back less expenses, but not counting labor. If not contacted soon, or lack of action and performance, you were going to file a complaint with the State Bar. This will unhinge him. Also, tell him that if he refuses to return your fee, and since he has not filed BK, that you are at liberty to sue him in small claims court for that refund. (he will have to take time off then and it becomes Public Record. If he does not show, you have a default judgment. Send this demand letter by certified mail.) It WILL work. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Hub is right, go after him.

      One question, how do you plan on keeping 3 vehicles without becoming an asset case? Do you have enough exemptions to cover those? The trustee won't buy it's your moms car, it's in your name. Something for you to think about.
      Filed CH 7 4/15/11
      341 5/23/11
      DISCHARGED & CLOSED ON 7/27/11

      Comment


        #4
        I had the same problem with my first attorney. I ended up sending a letter and actually calling him and basically fired him. I could not deal with months going by and not having my case even filed. I found a new attorney that returned my calls and emails within 24 hours. She also filed my case within a matter of days after submitting all the paperwork. She also cost a lot less and did a better job. Hang in there. I know it can be frustrating.

        As for the three cars I would be careful. My trustee really did question me about the one car I owned. Of course when he found out it was a salvage title and not worth much money he abandoned the car. The trustee saw the word "Lexus" and got happy I guess. Then he found out it was a 1992. if you have three cars that have any value to them you may have some issues unless you can prove your mom is paying for the car.
        Chapter 7 filed on 4/23/2010
        341 meeting on 5/28/2010
        Discharged on 8/19/2010

        Comment


          #5
          I am afraid creating a conflict with the guy. My fear is that IF he has already filed and has just not informed me or called back, or if he does so today, well i don't want a grudge possibly making him pay less attention or screw something up. He has already agreed to sign the reaffirmations for the cars...

          Speaking of the vehicles: His take is that the trustee will only go after them if there is any significant equity. I need two myself for different types of work i do, and the third is documented that my Mom pays. It is not consistant, but over the last 2 1/2 yrs i probably have 18-20 checks. I also pay her cell and at times her utilities. My contribitions to her make me fall under the median and eligible for a ch.7

          Still, the balance to equity ratio is very close. If for example the use good condition KBB value i am in trouble. It would put me in a difficult position to let go of any of them, but if i have to then i will accept it.

          Comment


            #6
            You have to do what you feel is necessary in regards to the attorney. I can tell you, I want what I pay for, no if, ands or buts........so I would be camping out and getting some answers. Guess I got lucky with mine even though he was very young!

            Good luck with the cars.
            Filed CH 7 4/15/11
            341 5/23/11
            DISCHARGED & CLOSED ON 7/27/11

            Comment


              #7
              You know it's so weird, maybe he is just a good BS'er, but when we meet i always walk away feeling like everything will work out fine - and in the end, that's all i really want. It's just that in between the lack of communication and then the sloppyness on the actual BK forms i had to sign, that really scared me.

              Bottom line is i have been stressed out the entire time, he has always said that he has had many cases where he felt there was something to worrry about - he has said all along mine is a very simple case and do not worry.

              Comment


                #8
                You can see my previous comments to this attorney in your other post. How on earth do you making payments for your mother bring you below the median on the means test? Is she a dependent? How much equity is in these vehicles? Does this guy know what he's doing?

                Having an experienced bankruptcy attorney working for you is invaluable, hiring a "generalist" that does bankruptcy on the side can be a disaster.
                Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

                Comment


                  #9
                  BKAttyMi - Im sorry, i could not find info you posted relating to anything negative about this attorney or any specifics about the means test or using my contributions to help her. Only noticed posts about Atty time and 90% and 10% and i should relax...

                  When interviewing i asked how many BK cases he has handled. He replied over 80 in the past two years. I do not know how to verify this so just trusted. He is an older Attorney, seems to have plenty of experience. I found him on the NOLO website. It listed Bankruptcy as his specialty.

                  He stated i am barely above the median as it is before any deductions. That i have no worries. The vehicles are of course the main concern. One has he listed value at 25k and i owe 23k. The other 19k and i owe 18k. The vehicle my mom drives is listed at 15k and 13k is owed. I also plan to take them to carmax prior to 341 in case of a rebuttal. He says i have a well thought out argument for keeping them and it's logical, that is waht wil lbe important to the trustee. I need an SUV for M-F work, and need my sedan as i am trying to get into real estate for extra income in the future.

                  Meanwhile i called again today with no response. Whnever i do get him on the phone he is usually saying he is just heading into court. Again, i have no way to verify. Face to face i like him and that's why i hired him. He is sympathetic and non judgemental. Maybe he truly is very busy with other cases? A status update would be nice either way, and if when we speak he has not filed...i will be tempted to request the refund, but then i am at square one and he has all my paperwork! Originals!

                  Comment

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