HELP! Atty messed up, now we have a contiuance...

[moneytree]

We were assurred that our case would have been filed at the end of Sept. It took our atty. another month to get it filed (shaking head--whatever). So at the end of Oct. it was filed and we had our 341 date for today/12/11.

Less than 4 wks. ago we got a call that someone else would be representing is because our atty. had left the practice. Okay..again..whatever. We were assured that we'd be in better hands. I asked if we needed to meet several times, but was told it wasn't necessary.

We confirmed last week with this new atty and was told that everything was set. The new atty representing us said to me on the phone that he hasn't looked it all over yet, but was sure everything was fine (he was handed our case, so it sounds). How in the HELL do we show up today and be told that some '40'...paperwork was never sent by pdf file. It was supposed to have been done within 8 days of the 341 date.

The 'guy' at the attys front office said that everything was done, but either they? (not sure about this part) or the trustee had updated their computers, BUT is he REALLY trying to blame this on a computer glitch!? We've politely asked for some sort of CREDIT and we're waiting to hear back. How pissed off would you be? How much $ would you request? Atty's fee was $1100. My husband feels that 1/3 refund would be sufficient.

So now we are forced to wait another 2 wks. Will that set back our discharge by 2 wks, or do they consider the 1st date and rush this through? I was hoping to have that discharge letter by 2/12, and was even told it could be at the end of Jan. If they go by the 341 continuance date of 12/26, then now it's the end of Feb. We are not happy.

Thanks for your advice...

-moneytree

Also, there is one other couple who are affected as well (same situation). Someone mentioned a website to file a complaint on atty. At this point, it's the first guy. The 2nd guy has been nice, but how could he let this happen? What is the website link just incase?

[coma]

You still have to wait 60 days from the 341 meeting, so it sounds as if your last day for objections will move back by two weeks.

[HHM]

Discharge is supposed to occur 60 days from the FIRST scheduled date of the 341 meeting. So even if the 341 is continued, that does not upset your discharge date (assuming you comply, and get all the paperwork in).

Don't hold your breath for a credit from your attorney (and frankly, you don't deserve one at this point)...nothing detrimental has happened in your case. Continuances are fairly common for paperwork problems. Assuming your attorney gets all the paperwork in, everything will be fine. You are over-reacting relative to the minimal severity of the situation.

[no_it_all]

<big snip>
The 'guy' at the attys front office said that everything was done, but either they? (not sure about this part) or the trustee had updated their computers, BUT is he REALLY trying to blame this on a computer glitch!?
-moneytree

Yes, quite possible. I filed Pro se, had all my paperwork in at least three weeks before the 341 meeting and lo and behold, the trustee never got it. Not one single .pdf form was posted for him to look at. When I showed up for the meeting he had NOTHING!. Not a big deal, as posted, the 341 meeting was continued, but discharge was 60 days from original date.

[periwinkle13]

I have some good news for you - your continuance should not change your discharge date if everything goes smoothly otherwise. We had our 341 cancelled twice out of our control and instead of happening mid-Sept, happened Nov. 1. I was LIVID and thought my discharge would be delayed. Nope, were we shocked when we were discharged exactly 61 days after our FIRST scheduled meeting in September, literally just 2 weeks after our 341 finally happened.

[moneytree]

So relieved to hear they use the first 341 date!

Thank you for the replies! If only our atty would have returned our phone call and answered that simple question for us. (to the poster who thought we over-reacted....) We were not over-reacting to be upset by the set back. There was another couple also represented by our atty and the same set back. The atty looked surprised and not happy when the trustee (who he knows well) broke the news. Going by that, there was a reaction from all and it's only normal to feel upset by something being dragged on another 2 weeks, especially when it's time away from work during the holiday season! (tough enough to get days off) As far as a 'credit' goes, try asking any atty for money back and that's about as far as I had figured it would go. When pigs fly.

But thrilled to hear they'll go by the 1st date!

;)

[HHM]

Granted, your reaction was probably justified in that you did not have all the information at hand to fully understand the situation.

Also, you probably won't have to show up to the continued 341 meeting if the only deficiency was paperwork. Unless the trustee was specific about you actually haveing to come back.