top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Okay Finally Started the BK Process, But I have Concerns...

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

    Okay Finally Started the BK Process, But I have Concerns...

    Hey everyone!

    You guys probably don't remember me, but I have straddled the BK fence for several reasons (not all of which I was willing to reveal in a public forum). Anyway, in May I finally had enough and found a lawyer to retain. His firm has a lot of good reviews on Yelp and on the web, and he assured me that all my back taxes, at least the ones filed more than two years ago, are dischargeable, as are all my business debts, which are in the hundreds of thousands.

    Anyway, his fee is $3,000.00 plus the $400.00 filing fee, which I finished paying him off early in July or late June, I forget exactly.

    Now here are my problems, and I want you guys to tell me if I am hopefully worried for nothing or I need to do something:

    Before I finished paying him the entire amount (it took about 6 weeks in total) one of the lawyers or their paralegals were on the phone with me all the time, rushing me so we could get filed as soon as humanly possible. However, since I finished paying the retainer and filing fee, I cannot get the attorney on the phone and haven't spoken to him since I paid off the retainer, gave him all my tax paperwork, and filled out all his financial paperwork. I have called dozens of times, and his receptionist assures me that "I am working on your case constantly!"

    She says this in a way that I guess is supposed to sound like I am the only case she has to work on so I feel important. But what concerns me is that I was told we would file a WEEK OR TWO after I took my course and paid off my retainer. Now, about two months has gone by, and the only contact I have are sketchy phone calls with a receptionist, and while the lawyer was ALWAYS around before I paid my retainer, now he is mysteriously NEVER in the office and "will return my call as soon as possible" yet not one call has been returned.

    Let me be clear: If this is standard, then fine. But why would the office rush me through the payment process on the grounds that they want to file FAST and then this? If there was some communication, I wouldn't be concerned, but now I am starting to wonder if I am either being screwed OR this office has a great many clients and not nearly enough lawyers and staff.

    Don't get me wrong, there are reasons it could be taking so long. First off, the receptionist once said (over a month ago) that all my tax liabilities are making my case more complicated and that's why it is taking so much time. Okay, fine, but then why do I have to keep calling and the lawyer or paralegal NEVER calls me to give me any update? Seems strange to me. Not only that, but every time I do speak to the paralegal, she says, "Oh, we will file in a week or two. We'll call you and have you come in to sign he petition." Problem is she has said this to me every time I have called for the past two months.

    So here is a question: Am I worried about nothing? And if my worries are justifyable, at what point do I demand my retainer back and look for another lawyer? I may be nowhere near there yet, but I want to know, if my concerns are justified, at what point do I have to either act or threaten to act? Of course, I don't want to hurt my case or his representation of me, so I am biting my tongue now!

    If my concerns are justified, then what recourse do I have? I could certainly call the credit card company and dispute the charge (I use a relative's card for stuff like this and pay them which the lawyer said was all right, by the way). But that is going really far and I would only do that as a last resort.

    Hell, I could totally be worried about nothing, and regardless of the attorney's original assertions that we will file soon. I just wanted to get some opinions about this. Certainly I am NOT going to go off half-cocked and potentially ruin my relationship with this attorney if what he is doing, as weird as it seems to me, is normal.

    #2
    I don't think it's unreasonable to ask why the delay.
    I'd get the para on the phone and not let her go until I get an explanation. Let her know you feel ignored and want some answers from the attorney as to why the delay.

    Comment


      #3
      Originally posted by keepmine View Post
      I don't think it's unreasonable to ask why the delay.
      I'd get the para on the phone and not let her go until I get an explanation. Let her know you feel ignored and want some answers from the attorney as to why the delay.
      Thanks for the response, keepmine! I have done that and she keeps saying its the taxes or the business debt or some other variable. And don't get me wrong, all of that is fine, and perfectly fair, except for two things:

      The first is subjective in that my gut instincts are telling me she is bull-sh*tting me and that the office is too busy for the amount of staff they have. Of course, I can't prove that, so I won't make the accusation or operate under that conclusion. The second thing, however, is what you said: I feel ignored. Look, if what they are saying is true and the delays are reasonable, then fine, right? Who am I to second guess the guy who if he rushes could screw up my case? But the ignoring me, the constant promises of a return phone call that NEVER comes, and the standard "We'll have you come in and sign the petition this week or next!" every single time I speak to her for the last TWO MONTHS is stretching their credibility in my eyes.

      Comment


        #4
        It sounds to me like the office is too busy. You need to be a squeaky wheel. If you remain polite, it shouldn't alienate the attorney or his staff. I am sure they meant it every time they said they would get your petition done in a week or two. But, then they had an emergency filing or something else come up with another client that had to get done first. Either that or they underestimated the amount of time it would take to get to your petition and then to prepare your petition. They may have forgotten how many times they promised your petition would be ready next week. None of these are good excuses for continuously putting you off, but it is the reality of how things happen in an understaffed law firm. Do you have an email address for the attorney? If so, send an email. Or talk once again to the paralegal if you think that might help. You can start by saying, "I know you are busy and that you have other clients. But I finished paying my retainer and filing fee about 2 months ago and you told me my petition would be ready for my review in a week or two. I am anxious to get this behind me. Could you please give me a realistic date by which you will have my petition complete and can we make an appointment now for me to come review it?" If their response is anything but accommodating, you might say something like, "If your firm is too busy to prepare my petition, you are welcome to refund my retainer in full so I can find an attorney who has time."
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          I do not see what your tax situation and/or type of debt has to do with anything as it relates to typing your Statements and Schedules - especially of all of the information has been provided. Either the taxes are or are not dischargeable and unless you have something like thousands of creditors, it takes no more time to type the name and address of a business creditor than it takes to type a consumer creditor. Something does not sound right.

          Instead of making a phone call. . . what about showing up at the law office (with or without an appointment) and talking to someone face-to-face? Just don't show up between 11 and 2 as you don't want to be told "they are out to lunch".

          Lastly, the filing fee for a Chapter 7 is $335.00. You mentioned $400.00. Maybe such was a typo but. . .

          Des.

          Comment


            #6
            Originally posted by despritfreya View Post
            I do not see what your tax situation and/or type of debt has to do with anything as it relates to typing your Statements and Schedules - especially of all of the information has been provided. Either the taxes are or are not dischargeable and unless you have something like thousands of creditors, it takes no more time to type the name and address of a business creditor than it takes to type a consumer creditor. Something does not sound right.

            Instead of making a phone call. . . what about showing up at the law office (with or without an appointment) and talking to someone face-to-face? Just don't show up between 11 and 2 as you don't want to be told "they are out to lunch".

            Lastly, the filing fee for a Chapter 7 is $335.00. You mentioned $400.00. Maybe such was a typo but. . .

            Des.
            Good ideas and I may try that. Thanks for all the info.

            I don't know what he filing fees cost, so they may have "rounded up" to $400? Or they may have added the extra $60.00 for the courses I have to take, which they said I don't have to pay more for? I already took the first one.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X