Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Extremely Slow Attorney - What Would You Advise?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Extremely Slow Attorney - What Would You Advise?

    I've been lurking on these forums since about April or May of 2016 while preparing to file bankruptcy and have learned so much. I now find myself facing a frustrating dilemma and would like some advice.

    In mid-May of 2016, I paid my bankruptcy attorney his full fee plus part of the filing fee (he advised me to hold onto the rest of the money for the filing fee when I later told him that I had that available), and in early June of 2016, I turned in my completed packet of information to him. I've now been waiting over a year and a half for him to get my Chapter 7 petition ready to file. In the meantime, I've been providing him with updated information (paycheck stubs, debts passed to collection agencies, etc) and from time to time calling him to touch bases (and to make sure he's still among the living). In early August of 2017, I was informed via a letter from an attorney offering his services that I may have been sued. So, I did a search on my county court's website, and lo and behold, two creditors had sued me (both claimed to have served me, but did not) and one of them had just gotten a default judgement and is now garnishing my wages (I earn so little money each paycheck that they only get anything if I work at least a few overtime hours, but then the garnishment eats up a huge chunk of the overtime pay). Since then, a third creditor has sued me (haven't been served yet by them either) and a fourth has sent me an "intent to sue" letter. I have informed my attorney of each of these things, and he tells me that the bankruptcy will stop the lawsuits and the garnishment, that he is working on my bankruptcy alongside many others, but since there is a garnishment he will step it up, and that we are "getting close" to being ready to file - and yet, I'm still waiting.

    This bankruptcy really should have been over and done with over a year ago (I make just under half the median income for my household size in California and have very little assets to speak of, and my attorney said he expected mine to be a very simple case). I really don't think I can afford to hire another attorney (especially with my wages being garnished).

    What can I say or do to get some solid action (like a completed bankruptcy petition) out of my attorney?

    Regarding the wage garnishment, should I just wait for the bankruptcy filing to take care of it, or should I file a motion to vacate the judgement since I wasn't served properly? Or is it too late for that?

    Would it be advisable to work on preparing to file Pro Se while I'm waiting on my attorney and then fire him if he isn't ready to file by the time I have everything ready to file, or would the pending lawsuits and the garnishment complicate it too much? (Note: I am also wanting to file a motion to avoid a NonPMSI lein.)

    Every day I'm thinking about this delay in getting my fresh start that seems totally out of my hands, and it is stressing me out so much.

  • #2
    Originally posted by ANewChapter View Post
    What can I say or do to get some solid action (like a completed bankruptcy petition) out of my attorney?
    Other than telling your attorney that you've been "lurking" you would say exactly what you wrote here. Explicitly "I am ready to file now." You said you paid their fee for handling your case. If you paid the other half of the filing fee and say "let's do this now." It just appears that you have been slow to file as well.

    Originally posted by ANewChapter View Post
    Regarding the wage garnishment, should I just wait for the bankruptcy filing to take care of it, or should I file a motion to vacate the judgement since I wasn't served properly? Or is it too late for that?
    The technicalities of dealing with the State non-bankruptcy court is beyond my experience. I would have filed bankruptcy prior to any lawsuits notwithstanding a foreclosure lawsuit.

    Originally posted by ANewChapter View Post
    Would it be advisable to work on preparing to file Pro Se while I'm waiting on my attorney and then fire him if he isn't ready to file by the time I have everything ready to file, or would the pending lawsuits and the garnishment complicate it too much? (Note: I am also wanting to file a motion to avoid a NonPMSI lein.)
    I think the attorney is waiting on you. Call the attorney's office, schedule an appointment to meet face to face, and get the case filed. I believe that both of you are waiting on each other, and that's unfortunate.

    I know that you write that the attorney says that they are working on it and others, but you just need to get into their office and sit down. Otherwise, I'm missing something completely.


    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.

    Comment


    • #3
      Originally posted by justbroke View Post
      Other than telling your attorney that you've been "lurking" you would say exactly what you wrote here. Explicitly "I am ready to file now."...It just appears that you have been slow to file as well.
      I've told my attorney on several occasions that I am ready to file now. He simply tells me that he is working on my petition and he tells me of the various health issues that he has been dealing with (he is at least 71 years old). I keep searching the list of 341 meetings in my District, and my attorney's name doesn't appear with any of them. I've only seen him listed in recent months as filing a motion to avoid a lien for one of his clients. So, he apparently hasn't filed any petitions in recent months. Me, slow to file? Not a chance. If it had been up to me, this would have been filed a long time ago. I've been very prompt to provide him with copies of all documents and information requested and even pulled an all-nighter to finish getting the original info packet completed (and after I handed it to him, he said, "It'll be a while." - and that was after I already paid him).

      Originally posted by justbroke View Post
      I would have filed bankruptcy prior to any lawsuits notwithstanding a foreclosure lawsuit.
      Me too...me too...


      Originally posted by justbroke View Post
      I know that you write that the attorney says that they are working on it and others, but you just need to get into their office and sit down.
      So very true there! I think what it really boils down to is that I need to be very firm in insisting on setting a date to meet in his office. I've been far too patient with my attorney.
      Last edited by ANewChapter; 12-29-2017, 06:49 PM.

      Comment


      • #4
        You should demand that the attorney return your "unearned" fees. You can always seek a reprieve from the Bar Association; but don' t start with the Bar... start with sitting down and/or demanding the unearned fees. You may find that the attorney spent the money and didn't do any work (no earned work) and you'll be forced to go to the bar. At 71, he may not even care if he is disbarred.

        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.

        Comment


        • #5
          My husband and I had to 'camp' in our attorney's office on the very last business day of the year (December 28, 2007) to get our worthless attorney to FINALLY prepare a 'bare-bones' emergency petition before the end of business that day. She, too had offered a variety of excuses as to why our paperwork wasn't done. She also was much younger than 71. She made several mistakes in our petition--which we proofread carefully. She had to re-do it three times before she got it 'reasonably' correct. She said the corrections could be made later when the 'meat' of the petition was filed within 15 days...

          There is a more extensive account of this in the 'General Bankruptcy' Thread of the forum. Keep us posted as to how it goes... d

          Best Wishes for a Happy New Year~~
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


          • #6
            Your attorney should either file your case quickly or return all the money to you so you can retain another attorney. You should tell him that and add that if he does neither, you'll report him to the California State Bar.

            Comment

            Unconfigured Ad Widget

            Collapse
            Working...
            X