Stupid Attorney

[debt_free]

I have a stupid attorney. Trustee just blasted him for giving me bad advice. I went in thinking that I had until the middle of June to make my trustee payment, turns out it was due on July 1, 2006. He told me it was due on July 15th the date he filed it with the Court. Dumb #1! He filed me on June 1, 2006 and said that June's payment was in the plan, hence the higher arrearage. Trustee blasts me today for not making June's payment? What the heck is this? I am livid at this fool! She said she could dismiss me these two violations and that it is going to make it harder for me to get confirmed.

After the 341, my attorney told me to just get the trustee payment in ASAP, he could get the mortgage payment confirmed in the plan, and that I would get confirmed. He said she was a harda@#$@# if you know what I mean. I pay this fool money and this is what I get.

I am so MAD!!!! and scared to death. It's hard to get an attorney in this state so I was glad to get him. Now I am stuck with a dufus. Would I be better off firing him and trying to get it confirmed myself. I was a BK paralegal for 6 years.

She said confirmation didn't look good right now. Is it the payments? Should I go ahead and do the Trustee payment, and wait see with the attorney on the June payment. That is the point that has me so confused. Mortgage co. is willing ot modify the terms of the mortgage. The mortgage company sent me a letter this past weekend stating that they would like to work out an agreement that would be satisfactory to all. Should I do this on the sly and see if I can get something worked out before I risk the chance of being dismissed or denied confirmation in August?

Does this mean I am dead even before I start the plan? I WANT MY HOUSE!

[Minnymouth]

Remember the attorney has nothing to loose........... only you do.......

Keep a close eye on what he does and does not do..............

If the mortgage company has contacted you, call the back and see what they can offer you.... if it is acceptable to you and them.... call your attorney and tell him to contact to mortgage company for an agreement with them.......

OR you can let him DO HIS JOB and see if he follows thru after you tell him they have contacted you regarding an agreement on your home......

I understand under the new laws that you have to do the reaffirm on your home yourself...... that your attorney will not sign off on it.... but he can help arrange the agreement.....

Under the new laws if an attorney signs a reaffirm with/for you he is agreeing that you will pay the debt..... and if you don't he can now be held liable for signing the reaffirm that you will. This opens the door for the mortgage companies to force the attorney to pay if you don't in the future.....

So 99% of all attorneys will not sign the reaffirm agreement...... but will help get it arranged. Some won't even arrange it......

So cover your bases..... take no chances..... and keep a close eye on your attorney...........

Remember he'll get paid no matter what and has nothing to loose..........

[debt_free]

Thanks for the advice Minny! I am going to let "him" do his job while I do the REAL job.

[Reformed1056]

Stupid Attorney

Your attorney make be acting stupid, but I think it is more of a case of not being knowledgeable. If I were you I would work with the Trustee. This is where your greatest protection is secured. Say you were to work a deal on the sly and then at the last minute it falls through, then you really are dead in the water. Make your attorney accountable. Insist that they fix the problem, ASAP. After all, your lawyer has a fiduciary duty to work on your behalf!

[Dclerk]

Dclerk

I know it's hard, been there and done that. The Lawyers hold all the cards. Maybe you will luck out and they will work with you. Just stay after them.

[aa06a47]

First of all, I would send the payment in ASAP. Let the attorney and trustee work this all out, but you must do your part and make your payment to the trustee before anything else!!! I would send it certified or however so you know that they got the check.

The trustee might be a hard a$$, but there isn't a trustee in the US that would confirm a plan when the payments are not current. Sounds like a few amendments by your attorney and your payment being made will settle things down.

Good luck, and keep us informed.

[$$only4ever]

You are right. Your attorney leaves alot to be desired, but I agree with the previous poster. Make your payment asap. Trust me, once your plan is confirmed, your attorney goes into hiding for the remaining time that you are in BK. Be as knowledgable as you can be. Ask questions and more questions. I drove my attorney crazy, but you know what. Who cares? That is what he gets paid for. Good luck.