Lawyer issues? HELP

[herekitty]

Okay, I'm confused here ... first meeting with lawyer 7/21, paperwork 8/5, petition 8/15. No word from attorney since our meeting on 8/15, he said it would be filed 8/16. Haven't received any papers, I'm not on PACER. I called today and was told it was filed 8/17, but they don't have any information about case number, 341, etc. Is this weird or am I over-reacting?

[Whittio]

Well, I would be nervous too. My mom had her papers 3 days after she sent them in. I was worried because I couldn't find her on PACER, but there are about 8 California courts, and silly me was looking in NORTHERN CAL. (which is were I live), but they have it listed as EASTERN. I have never even heard of EASTERN CALIFORNIA.. LOL

so point being, maybe check PACER if there might be a different court you can look at??

[herekitty]

Unfortunately, I've checked both east and west, I'm on neither. This is making me really concerned, I am on a business trip Oct 3-7 and my lawyer knows that - if it hasn't been posted, I'm concerned that my 341 will land there.

[Whittio]

Can you call the court it was filed with? It shouldn't take this long. Mom's papers got mailed in on a Tuesday night, she had her papers back in her Friday's mail. I would make sure your lawyer isn't screwing with you! Call the court, make sure you're not missing something. If the court doesn't have it, call that lawyer and let him know there's a problem and it needs to be attended to NOW! Get pushy.. He is working for YOU!

[herekitty]

GRRR. Okay, I should NOT have gone with this lawyer. I called this morning, they claim to have filed on 8/17 but "don't have a case number." I checked PACER and it was NOT filed. I called the attorney back and told him that I needed my case number, he gave it to me (finally). They filed this morning! There is no information about my trustee, 341 or anything on it. When I clicked on "creditors" it said there were none. What does this mean?! I'm so frustrated!

[bezoar]

Just a guess (or 2) -

1. Maybe it just takes a while for it to be 'in the system'

2. Perhaps they filed an 'emergency petition' - since you caught 'em in an 'oops'. I believe that allows one a couple of weeks to get the schedules that go with the petition completed and filed.

[herekitty]

I'm hoping. If I could rewind, I would just have filed by myself!

[herekitty]

Bezoar, one of your guesses is right (not sure which one, maybe both?) - my information FINALLY showed up and I have a 341 scheduled for 9/26, right before I have to leave! I feel much, much better! At least I have the meeting, now it's just crossing my fingers my apartments or ex won't show up!

[herekitty]

Uh oh. In future researching i found out my trustee is a partner at my ex's law firm. What happens now?

[Pinktiger]

I would think you could ask for a change of trustee because of an obvious and REAL conflict of interest. Tell your lawyer to ask for a change of trustee.

[bezoar]

I would think it would be do-able, being that the trustee assigned to your case may not be 100% "disinterested".

Probably have to get your att'y to request the change.

http://straylight.law.cornell.edu/us...1----000-.html

[herekitty]

Thanks for the link ... I left a message for my attorney this morning, hopefully he calls back and hopefully this doesn't bump my case into the following week. I was hoping all the frustration would go away for awhile.

[Minnymouth]

I agree the Trustee needs to change - he becomes and "interested party" in the bankruptcy.... (even though you may have no contact with your ex now)....
Get this taken care of as soon as possible....


Minny

[herekitty]

And it continues. Being anxious and not having my call returned - I called again. They asked my name, put me on hold and then said my lawyer wasn't in. I asked if she might be able to help and explained the situation. She said "That's not a conflict of interest, you don't need to switch" I asked her how on earth it was not and she said that she's (trustee) not his primary lawyer. I said that she was a partner at the law firm, and the lady just told me that it wasn't a conflict, that my lawyer was really busy and that he'll get back to me when he can ... click.

[Deep breath] [Grinding teeth] I really try my best to be calm and understanding, and I do understand that he's busy - but I've caught them in lies twice and my patience is wearing thin!

[Whittio]

DANG! Could anything else go wrong?

I would make an appointment, (maybe even just say you're "interested in filing BK", so you can get an appointment SOON if you have to), and then walk in there and sit down with the info you have (about the lies you have caught him in) and ask him to fully explain them, and then tell him about the conflict of interest.

Now, is there anyway that since the papers are now filed, that you can drop your attny? Just tell the court that he was screwing up?? I know people change lawyers all the time. But then I would file a small claims case against the first attny and get your fees back. With evidence that you waited so long, and make lists of times you called and didn't get return calls etc. Chances are he would refund your money before he had to waste his time in small claims court with you. Also, wouldn't there be some type of "malpractice" suit? maybe threaten him with that!

I just HATE people who don't do their jobs.. nothing worse then lazy people who have no respect for others.