Trustee was MAD today at my 341

[nojusticehere]

Let me give you a short run down: Hired atty in Feb, Filed Chapt 7, had to covert to a 13 cause my atty made errors and I'm over the median. So, we filed a 13 Apr 15, had my 341 (third one) today. The trustee was soooooo angry. She said that my atty was not doing me right. She asked me "are you happy with your atty?" Then she said, you don't have to answer that, I know the answer!!! My atty had not filed several items required (she gave me a list). She gave me a "Trustee Objection to Confirmation of Debtor's Plan" and had several items checked that she stated she still needed. My atty was not there, he's in Italy on vacation and he had another atty show up for me, who I didn't know and has nothing to do with my case or my atty's firm. AGain, the trustee was angry about this also. She went on to say that my atty has 2 weeks to correct everything or she'll order he pay me back my $3000 fee, plus my hourly wage's for each day I've had to appear because of his errors. I felt like crawling under the table, although at the same time it felt good to have someone on my side!! I felt bad for the atty who was there with me too, since he was just there so I would have an atty present. She also stated that she was not going to make me appear again but that my atty would have to. She kept asking the other atty "do you understand? You make sure you get with Mr. -----, you hear me!!!!" Wow, I was so stressed afterwards. Now, I don't know what to expect or what to do. I will continue to make my payments though and hopefully he'll fix this and get this done the minute he gets back!!!

Any suggestions? I don't have the money to hire another atty at this time. I never want to experience this again!!

[AngelinaCat]

Dear Nojusticehere:

You sound like you have a GREAT Trustee. My husband (AngelinaCatHub) and I have been going 'round and 'round with our own incompetent attorney for more than 15 months before we could EVER get her off her duff and file our paperwork, which was done Dec. 28, 2007. Now mistakes are surfacing that should have been caught--and would have been--had we been better educated in the BK process. We have done several things that we should NOT have done prior to filing, that we did not know NOT to. So now we think we are in danger of having our case dismissed. It will be at least another week or two before our attny will even meet with us so that we can amend our paperwork and submit it. If you search on our threads you will get more or less the whole story.

I don't know what solace or help this will be to you, but please know, you are not alone. I just hope our Trustee ends up being as good and perceptive as yours.

[Bandit]

ugh. that is awful.
& these guys are supposed to be educated in law? as they screw people over for just being lazy, you go thru hell while he spends the money you paid. Like how can they possibly not know what chapter someone should file?

I hope you do get your money back from that attorney on vacation in italy & then you can fire him & get a real lawyer who knows what they are doing.


This happens more often than people realize.

So, we filed a 13 Apr 15, had my 341 (third one) today. The trustee was soooooo angry. She said that my atty was not doing me right. She asked me "are you happy with your atty?"

(3) Three 341 meetings? I have heard of two before when the debtor cannot make the first one, but three that you have been to?
I would be just as angry but I hope this gets better & resolved for you in June.

[magyar123]

Hey - lawyers are not exactly the brightest people. Yours was probably one that just barely passed the bar exam. Remember that idiot Dan Quayle, Bush #1's Vice President, who *****ed & hollered about the TV show Murphy Brown?

[rrockinggramma]

at least the trustee is on your side. I would be searching for a new attorney and fire this one post haste.

[petej]

Nice to hear that your Trustee is a descent human being I guess most of them are, just good folks just doing a necessary job. Too bad your attorney was not there to receive her wrath

How cool!! get a refund from you original attorney to pay a good one...all with the Trustees approval. Justice.. I hope it all works out for you...

Pete

[AngelinaCatHub]

Whooooaaaa. Man, if my wife 'AngelinaCat' can post, I have license to same. YOU GOT IT MADE, man. Your fate is in that Trustee's hand. She is not happy.

Our Trustee, due to our circomstances is cool, but we have this A**hole attempting to even take our second chance away. I have leveled with all involved but I don't know they even look at anything but "here and now".

You are in good shape my friend. I admire you and wish I had the same.

Stick with this place. ALL here will help you. 'Hub

[Gerry]

Attorneys don't cope well with scoldings. I'd be surprised if he finishes the case.

My one bit of advice is this: if you do need another attorney, call the trustee's office, tell the clerk what happened, and ask them to recommend a couple. You'll likely end up with a short list of lawyers that the trustee has a good working relationship with. That's how I got my attorney's name, and he's been wonderful.

Best of luck to you!

[laurannm]

That's an interesting approach to finding a lawyer, never thought of that. I wonder if that is the norm or will most clerks decline to offer any recommendation?

Or can you just ask them which lawyer typically appears the most often at the 341s

[AngelinaCatHub]

Gerry, I love your avitar (picture). How original and true.

[Cali]

I would be passed pissed if my attorney decided to go to Italy on holiday instead of going to court with me. I hope you get your fee back plus interest. LOL

Here is wishing you a better tomorrow.

[Flamingo]

Hey - lawyers are not exactly the brightest people. Yours was probably one that just barely passed the bar exam. Remember that idiot Dan Quayle, Bush #1's Vice President, who *****ed & hollered about the TV show Murphy Brown?

Well, I've worked for and with attorneys most of my career and would bow down and commend some of them for their loyalty, client service and extreme intelligence! Ever watch a good trial lawyer in action? I recommend it to everyone who thinks all lawyers "are not exactly the brightest people." I am a firm believer in that you get what you pay for and how good one does their homework prior to any step taken that is employment related, medical or financial. All groups of people, no matter what their profession, whether accountants, doctors, lawyers, teachers, you name it, all have ones who can put the entire profession to shame.

Just like one would basically not let just any surgeon operate on one's body without checking the surgeon out first, a lawyer should be researched in the same way. You find the good "intelligent" ones that way that will treat you and your issues like you were the only client they ever had.

We've all done something stupid in iour lives and Dan Quayle is no exception. Unfortunately, when in public office, the stupid stuff is seen by the entire country.

[Flamingo]

Any suggestions? I don't have the money to hire another atty at this time. I never want to experience this again!!

Yes, call your State Bar Association, explain what happened and the name of the attorney who accompanied you (to verify the situation), and obtain recommendations from them of other BK attorneys who will treat you as a client should be treated. Best of luck to you!

[Cali]

Same here, I've worked for attorneys and have attorneys in my family. So to say that all attorneys are bad isn't correct. Each profession has the good and the bad. Just have to do your homework to find the right one.

Well, I've worked for and with attorneys most of my career and would bow down and commend some of them for their loyalty, client service and extreme intelligence! Ever watch a good trial lawyer in action? I recommend it to everyone who thinks all lawyers "are not exactly the brightest people." I am a firm believer in that you get what you pay for and how good one does their homework prior to any step taken that is employment related, medical or financial. All groups of people, no matter what their profession, whether accountants, doctors, lawyers, teachers, you name it, all have ones who can put the entire profession to shame.

[nojusticehere]

Thanks for all the well wishes and advice. As for this atty, he came highly recommended, however, I've since come to find out otherwise. As for hiring another atty, if I get my fee back that's what I will do. Right now I don't have the money. The trustee did state that the atty that showed up for me is an excellent atty, as well as one other one that was there for someone else. They are both in my town. As for now, I guess I should just "wait and see". If he drops me after being scolded by the trustee, you can bet your bottom dollar I'll be filing a complaint with the state bar and then ask the trustee to help me get my money back as she stated should would. She already did say that she would ensure that my case "is done properly or she would ensure I get my fee back! Plus any hourly wages that he caused me to lose". She asked me yesterday what my hourly wages were and that she would have him reimburse me for 3 days that he has caused me to lose because of his incompetence. I'm not sure when he will be back from his vacation (that I'm sure I helped pay for). I've sent him several emails since yesterday's 341 and haven't heard anything. I also checked PACER to see if my case had changed, nothing since the 19th. I shall be checking everyday. Please keep your fingers crossed for me, I'm sure I'll need all the well wishes I can get. I'll keep everyone informed as things ocurr (or don't, lol). Again, thanks everyone!!!