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    My attorney is making me nervous.

    Well, we got the first draft from our attorney this last week... a few issues that make me nervous.

    1. He spells my wifes name wrong in multiple places throughout the document, even though it is printed correctly on the first page of the packet he sent.

    2. He used last years median income figures

    3. He asked for account numbers for savings accounts that he already had... and he asked for them for the wrong bank... even though he had the bank statements.

    4. He put down as the balance of my checking account the amount shown at the end of the last bank statement that I gave him... which closes 2 days after my mid-month payday, so it shows a $3000 blance. So he's saying we have $3000 in our checking account even though if we file 2 days BEFORE I get paid we'll have less than $100 in the account.

    5. He warns me that my boat won't be covered by exemptions.... even though I'm upside down on it by about $2000.... and I'm giving it back to the bank anyway.



    I can very much tell that his secretary did all the filling out of our documents and he must have barely glanced at them before sending them to us. I sure hope that he plans on looking at them a bit closer before we actually file!

    I sent off these changes (and a bunch of other, smaller stuff) today... I'm hoping that we'll be able to file right about August 11 or 14... that way our account will be empty.

    I'm REALLY wanting to get this thing moving. I'm glad we were able to hold out as long as we have since it means that our last credit charge of any significant size was almost a year ago, but I'm ready for all this to be done.
    Filed Ch. 7 Pro-Se: 10/12/06
    341: 11/6/06 (went AMAZINGLY well!)
    Discharge: 1/12/07
    Closed:1/19/07

    #2
    Hang in there, LostOne. It's great that you read your forms over so carefully. We caught a few mistakes on our forms before we filed as well - I had to remind myself that although I knew our information inside and out, our lawyer and paralegal were looking over thousands of pieces of paperwork for several clients they have at the moment. After a while, it all must start blending together for them.

    Express your concern about the sloppiness of the first draft - that should encourage your lawyer to look your forms over more carefully in the future.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Is it too late to leave him and find another one? The spelling errors are typical, but the median income test is very important. The median income f..k up will raise a flag with the trustee and the trustee will request a continuance along with an amended form on your actual income. Give him hell and good luck. Make sure you read it 10 times before your file date.

      Comment


        #4
        I would highlight everything that was wrong and provide a written explanation. Keep a copy for yourself and give the other to the lawyer.

        Even though you have a lawyer, you need to know your case and your forms as if you're filing pro se. You're the only one that has a vested interest in this.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment


          #5
          I don't blame you one bit, Lost. I'd be nervous too. This is a major step and you want to be sure every I is dotted and every T is crossed correctly.

          Aa had some similar issues with his/her attny. Aa's Ch 13 plan payment started out at $200/mo in the original petition and ended up in excess of $300/mo by the time Aa's plan got Confirmed. Not saying you'll have a similar result or anything. Just it's kinda scarey. Sorta De Ja Vue all over again if you know what I mean.

          In addition to spelling, be sure to look over all the numbers with a fine toothed comb. You don't want any errors there coming back to haunt you or bite you in the buns.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Originally posted by LostOne0069
            Well, we got the first draft from our attorney this last week... a few issues that make me nervous.

            1. He spells my wifes name wrong in multiple places throughout the document, even though it is printed correctly on the first page of the packet he sent.

            2. He used last years median income figures

            3. He asked for account numbers for savings accounts that he already had... and he asked for them for the wrong bank... even though he had the bank statements.

            4. He put down as the balance of my checking account the amount shown at the end of the last bank statement that I gave him... which closes 2 days after my mid-month payday, so it shows a $3000 blance. So he's saying we have $3000 in our checking account even though if we file 2 days BEFORE I get paid we'll have less than $100 in the account.

            5. He warns me that my boat won't be covered by exemptions.... even though I'm upside down on it by about $2000.... and I'm giving it back to the bank anyway.



            I can very much tell that his secretary did all the filling out of our documents and he must have barely glanced at them before sending them to us. I sure hope that he plans on looking at them a bit closer before we actually file!

            I sent off these changes (and a bunch of other, smaller stuff) today... I'm hoping that we'll be able to file right about August 11 or 14... that way our account will be empty.

            I'm REALLY wanting to get this thing moving. I'm glad we were able to hold out as long as we have since it means that our last credit charge of any significant size was almost a year ago, but I'm ready for all this to be done.

            Just curious, is his last name Magoo? Has bad vision?

            Comment


              #7
              I'm really just hoping that since this was just a "first draft" and wasn't intended to be "perfect" that he didn't go through it very much and just let his secretary or paralegal put it together. I'm hoping that he puts more time into the final document.

              I sent him a two page typewritten letter with a list of all the fixes outlined and numbered, so I think he'll pay a bit more attention for the next draft.

              _I_ however will DEFINITELY be reading every single word and checking every single figure in the entire petition.
              Filed Ch. 7 Pro-Se: 10/12/06
              341: 11/6/06 (went AMAZINGLY well!)
              Discharge: 1/12/07
              Closed:1/19/07

              Comment


                #8
                Make sure you check their calculations also, and transferring numbers from one form to other schedules.

                You can tell when they don't use special software to help them file. With programs like BestCase, you enter your name and creditors once and then they get repeated throughout all the forms as necessary. They perform calculations, make sure you're using the right exemptions for your state, etc. I can't understand why lawyers wouldn't buy this kind of software to ensure accuracy.
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                Comment

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