Anyone had to pay attorney for phone calls?

[TXskyblue]

My atty held on to my case waiting to see if they were going to have another ch7 ready to file at the same time. I told them I get paid on a certain day and it would throw all the planning out the window if it didn't get filed before then. They filed the day before.

My atty requests that questions and status-update-requests be communicated by fax. Who even has a fax machine anymore? I don't. So I email the paralegal and he answers what he can and if he needs to, he'll refer to the lawyer. Works fine, but I don't pester them.

The best thing I did was to sign up for pacer. Once the paralegal emailed me the case number, I was able to track my case closely. Found out about my 341 a good week before the notice came. Have seen all the filings and I feel on top of the case. For a hoverer like me, pacer is fantastic.

PJmax, it's odd that they didn't want "day of filing" balances for your accounts. My lawyer was insistent on having exact balances and he even asked that I email him copies ("print screens" from the bank website) of my accounts that show this.

[Pizza]

I called the bankruptcy court to see if there was any information on my case yet (filed or not??) and the automated system gave me no matches. It sure seems like the attorney still hasn't filed yet. It's too quiet. He's already put it off twice.

This is making me a nervous wreck. I thought that's what attorneys were there for, to make the process easier on the client?

Am I missing something? He's already done the paperwork and signed the forms with us, so it seems like the hard part would be over with for him. Why would he want to keep putting it off without telling us?

[justbroke]

Call his/her office and find out directly from them. Ask them specifically for your 341 Meeting date and the actual date on which they filed the petition. You should not need to be in the dark!

[Pizza]

That's what I keep wanting to do, except it's almost like they're doing this on purpose to keep charging me for phone calls.

[LadyInTheRed]

"hourly charge, if applicable, will apply to phone calls, e-mails, office visits, conferences with witnesses or other attorneys, meeting and court appearances EXCEPT those for which a fixed fee is provided above."

What's included in the fixed fee? I would hope it includes keeping you informed on the status of your case. Does the $25 fee apply to calls to a secretary?

[justbroke]

This should be included in the filing. You are only asking the filing date. I would (personally) object to any billing to get a status of whether they filed your case yet! I assume that you have already paid your filing fee and retainer?

[LadyInTheRed]

This should be included in the filing. You are only asking the filing date. I would (personally) object to any billing to get a status of whether they filed your case yet! I assume that you have already paid your filing fee and retainer?

Yeah, asking an attorney to confirm they've done what you hired them to do should not incur an additional fee.

[Pizza]

The full sum that was paid ($2300 flat, filing fee included) is exchange for:

1) Initial interview and establishment of bankruptcy case file
2) Dealing with creditors and collectors prior to and subsequent to the case being filed
3) Preparation of a petition, matrix, and other documents essential to filing the bankruptcy case
4) Preparation of statement of financial affairs, schedules of creditors, property and exemptions
5) Representation at the Meeting of Creditors
6) Representation at the discharge hearing, if applicable.

Then the additional charges will apply in the event it becomes necessary during the course of the case to:

1) Answer a Motion to Lift Stay
2) Amend a statement or schedule to add creditors or correct information
3) File motion to voil lien; or judicial lien
4) Motion to Redeem
5) Handle other bankruptcy or non-bankruptcy matters.

Then it goes on to specify charges for phone calls, e-mails, etc. I don't know if calling for a status report would be considered 'handling other bankruptcy matters'...

Thank you both for your input. I'm getting ready to call again. Hoping this is the last time I have to talk to him until the 341. Again.

[justbroke]

Just call. Even if they billed you $25, you would probably worry a lot less! (I would not pay and I am hoping the attorney would not charge you to determine if they actually filed!)

[TRfromillino]

Everything I learned, I learned thru Pacer. My attorney hasn't called me one time. It would be worth the charge (I wouldn't pay it) just to get the case number. For that much money, you shouldn't be 'up in the air' like you are!

[Pizza]

I just called and now have a case # and 341 date. Way to keep me in the loop, Mr. Law!

But thank God it's done!!!

[Pizza]

341 Meeting - July 15.
Discharge (if no objections filed) - September 13.

Countdown begins!

[pamkev]

That is wonderful news.

[ksgirl38]

Just out of curiosity, did your attorney mention why you hadn't received a notification from his office with this info?

[Pizza]

He said he had a death in the family and got busy with that - If he was telling the truth, I sympathize and understand; or, he might have been sitting around watching Law & Order and telling his wife what he would do if he was there...

No matter. It's done. Date set, date did NOT conflict with my wife's work travel schedule, EVERYTHING is SUPER SUPER AWESOME!!!!