I really want to fire my attorney!

[Pilgrim]

I paid my attorney in full for my chapter 7 but was forced to convert to chapter 13 at the end of september. I did not hear from him again. I called weekly to inquire about updating my schedules and creating the chapter 13 payment plan. He never called me back or responded to my emails. I finally set up an in office appointment with him via his receptionist last week.

I met with him and told him my concerns. Mainly that the 341 meeting is in 10 days and my schedules needed to be updated (schedules B, I & J) and I needed a plan. He told me his paralegal would prepare the forms and have me come in to sign.

The receptionist calls me today to remind me that the 341 is Monday. I ask her if it is wise for me to go to the meeting with my incorrect schedules and no plan. She said the attorney would call me back. Mind you at this point I have already decided to go to the meeting alone and to ask the trustee for an extension.

The paralegal calls me an hour later asking 'how can I help you'?. I am thinking to myself 'are you kidding'? I fill her in on the situation which I cant believe she is unaware it was her job to get my case in order. She says she will call the trustee today, it is 4 p.m., and if she cant reach him she will call Monday morning to reschedule the 341, my appt. is for 10 a.m. on Monday.

My question is how important is an attorney in a chapter 13? If they are needed to do more than prepare the plan and file the schedules then I am definitely going to make a few calls on Monday. Also, Will I be able to find an attorney to take over the case without my other attorney making a big scene? Anyone ever been through this before?

[HHM]

Well, if it is any consolation, there is no mistake in your schedules that cannot be fixed. The date of the 341 meeting serves ONE purpose, to establish the timeline for objections. If you need to change schedules, etc, you can do so any time before discharge.

[Flamingo]

Sounds to me that you just have an overwhelmed busy attorney. In this economy, if he is a BK attorney, that would explain it. Remember, you retained the attorney and if the 341 fell through it is not your fault and he would have to work things out with the Trustee. Yes they should be more prompt in handling your paperwork and had it done for the 341 but any repercussions from this would fall on the attorney and it is his responsibility to get a continuance if he could not have it done in time - not yours.

As to your last question - after going through a Chapter 13, I would not go through one on my own without an attorney. That is just my own opinion. I am old law and it was complicated at that time; it is now much more complicated under the new law passed in 10/05. I would highly recommend legal representation to file a Chapter 13 to anyone.

You can just advise your attorney straight on that you are not happy with how this was handled and would like to be kept more informed. You have hired him for his services and you have the right to state how you feel. If it bothers you, tell him.

[Pilgrim]

Thanks!

Thanks HHM & Flamingo,

You have both helped to settled my nerves. I understand that the attorney is swamped with work but I asked him during the interview if he was too busy to take on new cases. He assured me he was not. I learned to ask this from reading this forum.

I have been so nervous about going to another 341 meeting (the last one was horrible) and I was getting frantic that nothing was getting done with my case. I received the letter from the chapter 13 trustee explaining the timelines and my obligations. I marked the dates on my calendar and freaked out as each date passed with no return call from the attorney. The last straw was when the paralegal responsible for my case had no clue as to why I would be calling her (3 business hours before my 341).

I am going to cut the attorney some slack as I do generally like him and his office staff (I have yet to meet the paralegal who called me).

I really just want to get this thing started (the right way) so it can be over. This is going to be a 5 year relationship with his office and the trustee that I do not relish. I hope that the trustee doesn't get upset with my attorney and paralegal and take it out on me.

Thanks again!

[KarinT1968]

Question?? Who was your attorney? If you don't mind me asking

I had many problems with my attorney and it sounds like hime just curious. Thanks Karin

I paid my attorney in full for my chapter 7 but was forced to convert to chapter 13 at the end of september. I did not hear from him again. I called weekly to inquire about updating my schedules and creating the chapter 13 payment plan. He never called me back or responded to my emails. I finally set up an in office appointment with him via his receptionist last week.

I met with him and told him my concerns. Mainly that the 341 meeting is in 10 days and my schedules needed to be updated (schedules B, I & J) and I needed a plan. He told me his paralegal would prepare the forms and have me come in to sign.

The receptionist calls me today to remind me that the 341 is Monday. I ask her if it is wise for me to go to the meeting with my incorrect schedules and no plan. She said the attorney would call me back. Mind you at this point I have already decided to go to the meeting alone and to ask the trustee for an extension.

The paralegal calls me an hour later asking 'how can I help you'?. I am thinking to myself 'are you kidding'? I fill her in on the situation which I cant believe she is unaware it was her job to get my case in order. She says she will call the trustee today, it is 4 p.m., and if she cant reach him she will call Monday morning to reschedule the 341, my appt. is for 10 a.m. on Monday.

My question is how important is an attorney in a chapter 13? If they are needed to do more than prepare the plan and file the schedules then I am definitely going to make a few calls on Monday. Also, Will I be able to find an attorney to take over the case without my other attorney making a big scene? Anyone ever been through this before?