How to deal with unresponsive attorney?

[keitheii]

The draft of my petition was completed last Monday and my attorney's paralegal informed me that the attorney would review it in the next day or so and have me come down to sign it and take my course. Tuesday night I received a notice from the sheriff's department informing me of an income judgment and required me to pay them 10% within 20 days which freaked me out.. I reached out to the attorney's office via email and phone that night to ask about what to do and inquire about the status of the petition, I figured I would get some sort of response during the next day (Wednesday). Thursday morning I reached out again via phone and email and asked why no one is getting back to me and providing an expectation of when I will be coming down to sign the petition, I was told I could have it filed in a week if I paid in full, I paid in full, it's been a week, and I haven't even signed it yet. I received a response that the attorney hasn't reviewed it yet and will do so either Thursday or Friday and then they'll let me know to come down so we can finalize it. I never heard a thing Thursday OR Friday... I called the office Friday before leaving work and yet again received their voicemail.

I know I'm not their only client so I don't expect them to be at my beck and call, especially for a measly BK... But I'm annoyed that I was promised 1 week, I paid them in full on time, I now have NO money since it's tied up in my frozen checking account, and I have yet to be informed what's going on... Am I being unreasonable? Or should these people be communicating better? I'm at a loss of what to do..

One other question: How is the filing done these days? Let's say my attorney has me come down Monday evening to sign everything, do they have to go down to the courthouse to file it? Or is it done electronically? How soon after it's filed do I get the automatic stay paperwork that I can fax to my bank to get my account unfrozen? Just curious how this all plays out.. I've asked this a few times via email to my attorney's paralegal and she seems to ignore the question every time.

[LadyInTheRed]

Once you sign the petition, it is filed electronically. If you sign it Monday, it can be filed Monday and you will be immediately protected by the automatic stay. Your attorney should be able to give you a case number and some evidence of the filing right away.

If they said the attorney would review your petition on Thursday or Friday, I wouldn't be surprised if it didn't happen until late Friday. Based on what you have written, it seems like you tend to call your attorney late in the day. Try calling Monday morning, 5 minutes after their office opens. If you get voicemail, leave a message saying something like "Good morning, this is keitheii. I was told last week that Mr. Attorney would be reviewing my bankruptcy petition on Thursday or Friday and I am calling to find out when it will be ready for my signature. Could you please call me as soon as possible with an update?" If they don't call you within an hour, call again and say something like "I left a message earlier this morning and I am really anxious to know the status of my petition. A creditor froze my account and I have no access to cash. I realize you are probably very busy, but I would appreciate a call back." Try to have the most pleasant, polite tone you can so that the person listening to the message will be more inclined to want to help instead of being afraid they will get an earful if they return your call. If you don't hear from them by noon, go to their office, perhaps right a 1 when staff may be returning from lunch. If they don't have the petition ready for you to sign, ask to make an appointment to come back and sign. When you do sign the petition, ask if you can wait while they file it so that you can walk out with the case number and a copy of the confirmation of electronic filing.

Don't let your rush to file keep you from reviewing the petition to make sure everything is accurate.

[keitheii]

Once you sign the petition, it is filed electronically. If you sign it Monday, it can be filed Monday and you will be immediately protected by the automatic stay. Your attorney should be able to give you a case number and some evidence of the filing right away.

If they said the attorney would review your petition on Thursday or Friday, I wouldn't be surprised if it didn't happen until late Friday. Based on what you have written, it seems like you tend to call your attorney late in the day. Try calling Monday morning, 5 minutes after their office opens. If you get voicemail, leave a message saying something like "Good morning, this is keitheii. I was told last week that Mr. Attorney would be reviewing my bankruptcy petition on Thursday or Friday and I am calling to find out when it will be ready for my signature. Could you please call me as soon as possible with an update?" If they don't call you within an hour, call again and say something like "I left a message earlier this morning and I am really anxious to know the status of my petition. A creditor froze my account and I have no access to cash. I realize you are probably very busy, but I would appreciate a call back." Try to have the most pleasant, polite tone you can so that the person listening to the message will be more inclined to want to help instead of being afraid they will get an earful if they return your call. If you don't hear from them by noon, go to their office, perhaps right a 1 when staff may be returning from lunch. If they don't have the petition ready for you to sign, ask to make an appointment to come back and sign. When you do sign the petition, ask if you can wait while they file it so that you can walk out with the case number and a copy of the confirmation of electronic filing.

Don't let your rush to file keep you from reviewing the petition to make sure everything is accurate.

Thanks for the reply, I left out some of the details just for brevity but I did in fact call first thing in the morning, and later in the afternoon around 4:30/5pm... The only day I didn't call them at all was Thursday, but called the other days.. I've always been pleasant since I don't want to give them reason to delay things even longer but my last message did state I'm freaking out about not having access to my cash.. I didn't want to be too persistent and annoy them but I think come Monday I'll need to put more pressure on.

[LadyInTheRed]

Thanks for the reply, I left out some of the details just for brevity but I did in fact call first thing in the morning, and later in the afternoon around 4:30/5pm... The only day I didn't call them at all was Thursday, but called the other days.. I've always been pleasant since I don't want to give them reason to delay things even longer but my last message did state I'm freaking out about not having access to my cash.. I didn't want to be too persistent and annoy them but I think come Monday I'll need to put more pressure on.

I still think starting Monday morning with a phone call along the lines I suggested may be the best way to go forward at this point, except maybe mention again in that first call that you need to get access to the cash and are very anxious to get the petition filed. Put on the pressure by showing up at the office if they don't get back to you during the morning.

[LadyInTheRed]

Any progress today?

[keitheii]

Any progress today?

Yes, thanks! I had to really put the pressure on them, they were trying to push it to tomorrow or Wednesday which would have really meant Thursday or Friday with the snowstorm we're getting... I know the squeaky wheel gets the oil, and I've played that card many times in the past... but didn't want to have to be that way with my attorney since.. well.. I need them and they have my money... but with more delays and no access to any cash I really had no choice.. but... it worked, I have my file number! Now I just have to deal with the bank... I faxed them a copy of the filing but they told me they can't release my account until "the bankruptcy trustee sends them a form authorizing it".. and I can't reach my attorney until at least Thursday now.. so.. stuck in that limbo for now...

Thanks for the advice, it's been a LOT of help!

[LadyInTheRed]

Glad you were able to push your attorney into action.

Try contacting the creditor and the Sheriff. I don't know if that will help. But, it is something you can try between now and Thursday.

You aren't dealing with Wells Fargo, are you? If so, you may now have a problem that is unrelated to the freeze the creditor placed on your account.

[keitheii]

Glad you were able to push your attorney into action.

Try contacting the creditor and the Sheriff. I don't know if that will help. But, it is something you can try between now and Thursday.

You aren't dealing with Wells Fargo, are you? If so, you may now have a problem that is unrelated to the freeze the creditor placed on your account.

No, luckily not Wells Fargo.. I had the pleasure of dealing with them years and years ago for a car loan.. I would never do business with them again...

I'm afraid to call the attorney since they're the ones who were sly enough to pretend to work out a deal with me so they could obtain the info on my account locations just to tell me that they were going to use the info I just gave them against me to drain my account. I guess now that I've filed it couldn't hurt.. but if it requires their authorization, I can't see why they would even provide it if they aren't obligated to. What ever happened to the automatic stay that unfreezes your account? That doesn't exist anymore?
-Keith

[LadyInTheRed]

I'm afraid to call the attorney since they're the ones who were sly enough to pretend to work out a deal with me so they could obtain the info on my account locations just to tell me that they were going to use the info I just gave them against me to drain my account. I guess now that I've filed it couldn't hurt.. but if it requires their authorization, I can't see why they would even provide it if they aren't obligated to. What ever happened to the automatic stay that unfreezes your account? That doesn't exist anymore?
-Keith

The automatic stay only helps if all parties know about the filing. That hasn't happened yet. The bank is afraid to release the account because they have been directed by the Sherriff to freeze it. I don't think they are correct that they need something from the trustee, but I could be wrong. Something from the Sherriff or creditor's attorney may do the trick. Don't call the creditor's attorney. Send a letter by fax telling him that you filed BK, what court you filed in and give them the case number. If you have a copy of the Notice of Bankruptcy include that. Ask him to cease all collection efforts on behalf of the creditor and to remove all levies in place. cc the Sheriff. The creditor is obligated under the automatic stay to stop collection efforts.

ETA: Did you exempt the cash on your Schedule C?

[keitheii]

Yes, I did include the cash on schedule C. I contacted the Sheriff's office but they're not accepting calls "due to the volume of judgments" they're executing.. I'll write up a letter and send it to the attorney's office. Thanks!

[keitheii]

Yes, I did include the cash on schedule C. I contacted the Sheriff's office but they're not accepting calls "due to the volume of judgments" they're executing.. I'll write up a letter and send it to the attorney's office. Thanks!

Ack! I just checked the papers, my attorney told me it was exempted but it's NOT on the papers... Crap... Now I have no idea what to do... I'm assuming I can't send this letter now... ugh..

[LadyInTheRed]

You should still send the letter to the creditor's attorney and send a copy to the Sheriff. Whether it is on your Schedule C has nothing to do with the fact that the creditor no longer has a right to collect.

Schedule C can be easily amended. Bring the omission to your attorney's attention. But first, look over the rest of your petition to make sure there are no other issues.

[keitheii]

I faxed a letter today, trying to obtain the Sheriff's fax number... it isn't on their letterhead or internet and no one answers the phone there, you have to leave a message... Will send that out tomorrow..
Thanks again for your help!

[keitheii]

I contacted my attorneys office and spoke to the paralegal, I was told she'll have to ask the attorney and get back to me later today... I won't hold my breath since it seems she's always waiting on him...

Oh, she did tell me that they listed my bank account under the section of seized assets but is going to ask the attorney if she should file an amendment to place it on schedule a a as well.

[LadyInTheRed]

Oh, she did tell me that they listed my bank account under the section of seized assets but is going to ask the attorney if she should file an amendment to place it on schedule a a as well.

It sounds like it is listed on the Statement of Financial Affairs. Because the money is still in your account and not in the hands of the creditor, it should be listed as an asset on Schedule A and, if you have an exemption available, exempted on Schedule C.