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I Need Help! Attorney Issues

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  • I Need Help! Attorney Issues

    So, I have been a lurker here since I first filed Chapter 13 in 2013, but I have not posted much. Anyway, I finished paying my Chapter 13 in July. I have completed all my payments but I have not received my discharge. A Motion for Chapter 13 Discharge was required after I completed the payments. I emailed my attorney after receiving a notice that said that I would need to file the Motion. I asked him to verify that he received the notice and would file the Motion for D/C before the 30-day deadline, which was 9/1. He assured me he would file this notice.

    Anyway, I checked on Pacer on 9/1/17 and noticed it had not been filed. So, I emailed him again. He emailed me back on 9/5 saying he filed it. Today, I receive a Notice of Deficient Filing saying that the filing is deficient because the required signature was missing and that if this is not taken care of by the 20th, my case may be dismissed. As you probably can imagine, I am freaking out.

    I finished all of my payments, did the financial courses but my lawyer is not doing his part. I haven't had much interaction with him through the last couple of years as I've just made my payments and had a pretty smooth case until now. However, the last couple of months, when I have emailed about the D/C, I noticed that he doesn't respond right away or it doesn't seem like he reads my emails based on his responses. I'm afraid that he won't follow up on this and my case might be dismissed. BTW, I did write another email to him that detailed my previous emails and disappointment that this was not filed on time or properly. What else can I do besides that? Do you guys have any advice? I do plan to call his office too first thing in the AM.

    Thanks!

  • #2
    Personally, I would make an appoint and/or just go sit in their office until they completed the appropriate paperwork and you inspected the paperwork yourself (prior to them posting it through CM/ECF - PACER).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

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    • #3
      Thanks, Justbroke for the advice. That is what I will do. I contacted him via telephone today and left a message. So, if he doesn't call me back by tomorrow AM, I'll schedule an appointment or just go to his office and insist that it is completed correctly and filed. I found a blank copy of the Motion on the Bankruptcy court website. So, I guess in the worst case scenario I could go to the court and file it myself if I don't see it filed in Pacer by next week. Although, it if comes to that, I think I'll file a complaint with the bar association.

      Comment


      • #4
        True!

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