Help Please-Should I fire my atty???

[DrowninginLV]

I filed 13 at the end of October and had my first meeting with the trustee. Everything went well, even though the BK mill attorney I had paid $1500 to (and who was to get $4000 under the plan) told me that the plan wouldn't be accepted, it was. I had lurked here for months and you guys and the links I followed made me insist that certain things I thought were valid should be included. When I filed, my first mortgage holder told me they would not accept any payments on the house and not to send anything until the trustee approved the plan. The 2nd mortgage holder said send the money! At the hearing, the trustee asked for proof of payment and I told them what Chase (the 1st) said. The trustee had heard it before and said to pay them and provide proof of payment. There is a hearing on the 11th to submit those docs. That was the only thing the trustee wanted. I scrapped together the money, skipped Christmas to do so, and my attorney told me to send cashier's checks. Meanwhile, on the 18th, Chase' attorney sent my attorney a letter seeking to lift the stay to foreclose. He never called them back, rather, his staff (the same one who couldn't get my schedules right and who screwed up the budget, with no deductions, even though my paycheck stubb shows them), simply mailed me a copy with "FYI" written at the top. I called them and called them, no response. I tried to call Chase and their attorney, but they all said that they couldn't talk to me because I had an attorney! Then in checking PACER (thanks you guys for telling me about that!), I found out that a motion had been filed on the 31st. I called in a panic and sent more emails, holding on the phone for hours until someone came on, they denied doing anythng wrong, and said they would now call Chase' attorney. The attorney for Chase wants to be paid $1000 for filing the motion and now my attorney wants $900 up front (at $300 per hour) to oppose the motion!!! (He said the $4000 is to cover his "appearances" during the 5 years I am in 13) Does this sound right? How many appearances does an attorney have to do.
I really want to fire this guy, but am afraid to go it alone. I can't afford to pay him $900 and figure I can show up at the hearing and show the cancelled checks and if I have to pay the fees, I will if the judge gives me enough time. What do you guys think? You have helped me with this process without even knowing it for so long, and I appreciate your help now.

[lrprn]

Tough spot you're in, drowning. We had something similar happen to us with our first mortgage company trying to say we were a month in arrears when we filed (we weren't). Our lawyer forced them into court for a hearing to prove their allegations - the mortgage company was a no show and our bk judge threw their objection out.

Although it doesn't seem fair sometimes, the fees we pay our lawyers are based on the assumption we will have a trouble-free bankruptcy. When cases move outside the norm like they have for you and for us, it's not unusual to have to pay more to have our lawyers handle them. $300/hour is a typical hourly fee to pay for the extra work.

If I were you, try sitting down with your lawyer and find out how he/she intends to spend the three hours and what you will get in return. Find out if there are any cost-cutting measures (having a paralegal prepare the paperwork, for example). Don't know until you ask, right?

And your instincts are correct - it's risky to go up against your mortgage company in court without legal counsel. Ch 13 has gotten too complex with the current bk law. There's just too many gray areas that need expert legal advice to handle correctly.

If you decide to cut your current lawyer loose, you will probably have to fire him/ner before another lawyer will talk with you. Also bk lawyers can be reluctant to take on a shaky case that is having trouble. However, again...you won't now until you try.

Good luck - keep us posted about what you decide to do. Sure hope everything works out in your favor. Keep asking questions here - we'll help you every way we can.

[325Falcon]

In most places $300/hr is WAY beyond a resonable fee for a BK lawer!!! If you are not cofortable with this guy FIRE him now and chaulk it up to a lesson learned!!!

[AboutToBK13]

Extra work outside of our BK is billed at $250.00 per hour. $250.00 is a standard hourly rate for most lawyers in the area. If the lawyer is a nice, sometimes they can cut you a break.

[HHM]

The fee you were quoted, for Las Vegas, is reasonable...and yes, any hearings beyond the 341 meeting and confirmation hearing are extra.

[rilbrianne]

Sounds like he's BSing you around in all kinds of circles. I know lawyers are expensive but his screw-ups are getting a little over the edge of acceptable. I hope he wouldn't get that $4000 if you fired him..... ????

If you research a little, you could probably find another attorney to pick it up. Good luck.

[FreshLikeADaisy]

Drowning, from what you have written, I'm getting that what you are trying to fight is Chase's motion to lift the stay of foreclosure. That, in itself, is not foreclosure, just the step prior to it. I don't know anything about Nevada, but in many states foreclosure takes months and months. If you keep paying your mortgage, and can prove that you have been paying them, and your filing indicates that you intend to reaffirm (keep the house) you may have more time than you think. Again, I'm no attorney and I don't know Nevada law on this, but it may not be quite as desperate and immediate a situation as it seems right now. Good luck!!!

[DrowninginLV]

Thanks for the replies

I realize he has to get paid, what really burns me is that the motion would never had been filed if he had done his job to start with. The motion was threatened on the 18th and not filed until the 31st. In the letter they offered to set up a plan, do all sorts of things which I would have agreed to, but he wouldn't call me back and Chase's attorney wouldn't or couldn't talk to me because I "had an attorney." I feel like I got screwed over and now he wants to charge me $300 an hour to fix his mistake!
I guess my question now is, if my plan is approved, and I work this problem out with Chase, do I need an attorney for the next 58 months??
Any help most appreciated.