Attorney Didn't file in time.....

[Elissa]

Hey all,

Big problem for me. My attorney was on vacation the week before the new law went into affect. He was ill when he got back and was out of the office and didn't file my petition in time for the old law.

He now informs me that he will have to file under the new laws.

What do I have to look forward to now that I'm under the new laws?

Just makes me so angry....I paid for his services, and he didn't do what we had contracted to do.


Thanks

[StaciMM]

You'll need to do a consultation w/ a credit counseling agency. I think there are only a few approved so far-not sure which ones. (You don't have to enroll, but if they work out a plan for you a copy of it should be submitted to the BK court.)

Are you concerned about the median income or do you think your expenses are over the allowed amounts?

[Elissa]

Thank you for the reply....

My situation is a bit odd...I'm living/working in London, England, so this has been done via UPS and phone conversations and stuff.

Upon my return to the US in December, I will be un-employed, so will have no income what so ever.

I guess I'm just wondering if it's going to be harder to file now....I have to enroll in credit counseling, which I think I have to pay for? ( heard that on the news)

Not too sure what else I need to know...as my attorney still hasn't been in contact with me as he's apparently too ill.

[afedorek]

looks like you are in trouble.

You should have filed on your own without an attorney.
You could have had your mom or anyone take the papers to the bankruptcy court.

thats what you get when you rely on the bankruptcy attorneys who will delay your case just to make more money - scumbags.

i filed before the new law and now awaiting the creditors meeting.

good luck

[accentone]

ellisa, dittos with afedorak. What a scum! If he couldn't do it himself, he should have had an associate, or someone do it. Worst case, he should have informed you in advance so that you could have made other arrangements.

I'm really sorry. Best of luck to you.

[StaciMM]

It may be best to wait until you're back here to file, the paperwork will have to start over probably. They'll take an average of your past 6 months income, not sure how out of country income will compute.

From what I've read on the credit counseling, they can charge a fee but cannot turn someone away simply based on the inability to pay. Not sure what that means in the end!

Do you have a particular need for filing ASAP? If there is nothing about to be foreclosed or repossessed, then you should be ok to deal with it in person once you arrive.

Thank you for the reply....

My situation is a bit odd...I'm living/working in London, England, so this has been done via UPS and phone conversations and stuff.

Upon my return to the US in December, I will be un-employed, so will have no income what so ever.

I guess I'm just wondering if it's going to be harder to file now....I have to enroll in credit counseling, which I think I have to pay for? ( heard that on the news)

Not too sure what else I need to know...as my attorney still hasn't been in contact with me as he's apparently too ill.

[Elissa]

No rush really, just wanting to take care of things before moving back...start fresh. I'm getting married as well, so that was another reason for wanting this to be done and taken care of.

I haven't been in touch with my attorney, just his legal assistant, who assures me that he won't be charging me anymore money for the extra paperwork associated with the new laws, so we'll see if that remains true or not.

I have no possessions, no cars, houses, nothing. Very basic really, just alot of old debt, credit cards, auto loans, stuff like that.

[originalhealer]

For one thing, I would see if I could get my money back from the attorney.

In regards to the credit counseling, Dave Ramsey has one of the approved agencies. He is at www.daveramsey.com.

Thirdly, yes, it is better to wait. But with the credit counseling, Dave Ramsey has so many things on video, they may be able to counsel you from a distance as well.

[butterflyness]

Yeah i was just about to say see if u could get ur money back. If he didnt do what he was supposed to do, wouldnt the contract now be null? Im sure he had a paralegal or sumthing that prolly could've done sumthing. Be sure u have a copy of the contract.

[Elissa]

Thank you for all the advice and information. I will wait until I can actually speak to him and then decide what to do. But yes, my contract was signed under the understanding I would pay for, and recieve services for the old laws.

Thanks again

[Surrender]

Personally, I'd look into suing him for malpractice. He took your money and didn't perform.

[newday]

Personally, I'd look into suing him for malpractice. He took your money and didn't perform.

Getting an attorney to sue another attorney for malpractice is hard. It's like some unspoken respect they share for each other.

[Elissa]

I dont think I will do anything that drastic yet....Like I said, I haven't actually spoken to my attorney himself yet. So, I'm going to wait until he's back in the office ( tomorrow) and find out what the heck is going on and why he didn't do as he contracted to do.

He better have something good to say though, my patience is running very low!

[RickD]

official link for credit counseling

Hi all,

you can find a credit counselor for your state at

http://www.usdoj.gov/ust/bapcpa/ccde/cc_approved.htm

RickD

[hhou812hh]

looks like you are in trouble.

You should have filed on your own without an attorney.
You could have had your mom or anyone take the papers to the bankruptcy court.

thats what you get when you rely on the bankruptcy attorneys who will delay your case just to make more money - scumbags.
i filed before the new law and now awaiting the creditors meeting.

good luck

Well, not sure of Elissa's reasons for why she/he is filing, but unless it was a sudden situation like a very recent job loss, storm victim, illness, etc. we all knew the laws were changing and it's usually a good idea to allow more time for these things knowing the final days will be very busy. I don't think you can blame it on a lawyer.

I guess Elissa, just do some research on the new law. There's a good book explaining it I posted last week and it will explain the hoops you must jump through. If you're below your states median income then you will qualify no problem. If not then there are other tests you will have to take.

Good luck...