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Getting Angry at Attorney!!!

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    #1

    Getting Angry at Attorney!!!

    My atty messed up the calculations and filed a Chap 7 on 02/08/08for me. The trusty came back 2 weeks later and said that I don't qualify, resubmit for a Chapt 13 by 03/03/08 (yesterday). Well I still haven't filed for the 13. I originally had a meeting scheduled for the 29th with my atty butl he cancelled saying "I'll get it done and call you". Well, today is the 4th and still nothing. The trusty wanted this by the 3rd (per his letter).....Is my case going to get dismissed because my atty is dragging his heels? If I could afford it, I would hire a different atty, but I've already paid this guy $3000.
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    #2
    If your case get dismissed because of your attorney, you file a complaint against him with the Attorney General's Office in your state, demand your $3000 back, and find you another attorney to handle your affairs.

    Your attorney is bound by law to work in your best interest in a timely manner. He can be fined and penalized, and possible loose his liscense, for "screwing" you over.......

    Under the "new laws" begining in 2005, attorneys are held liable for a great many things they weren't before.

    If this does happen, be sure to document everything, with dates, etc and mail everything by certified mail and keep copies.

    Attorneys get sued for "malpractice"......

    Keep us posted.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment

      #3
      Id leave him a message or send a CERTIFIED letter saying if he doesn't contact you by a specific date, that you are filing a grievance against him.
      Filed: October 1, 2007 341: December 10, 2007
      CONFIRMED: December 10, 2007
      Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

      Comment

        #4
        Let's back up for a second...

        Has the trustee actually filed anything with the court...i.e. a motion, etc?

        If he hasn't, then really the time line is meaningless. The trustee would ultimately file a motion to convert to a chapter 13, a hearing set, and then an order would be entered accordingly...so you really do HAVE TIME. So it is not as if the attorney "messed up". Also, having the attorney try to get you into a chapter 7 is in no way a bad thing, after all, it is in most debtor's interest to do a 7. However, eventually, your attorney will have to file a chapter 13 plan.

        I agree, if there is no dispute about you filing chapter 13, then the attorney probably should have done the paperwork to get the ball rolling, but by the same token, you have not been harmed in any way and so far, the attorney has not even come close to any type of malpractice, professional negligence, etc.

        Comment

          #5
          Originally posted by HHM View Post
          Let's back up for a second...

          Has the trustee actually filed anything with the court...i.e. a motion, etc?

          If he hasn't, then really the time line is meaningless. The trustee would ultimately file a motion to convert to a chapter 13, a hearing set, and then an order would be entered accordingly...so you really do HAVE TIME. So it is not as if the attorney "messed up". Also, having the attorney try to get you into a chapter 7 is in no way a bad thing, after all, it is in most debtor's interest to do a 7. However, eventually, your attorney will have to file a chapter 13 plan.

          I agree, if there is no dispute about you filing chapter 13, then the attorney probably should have done the paperwork to get the ball rolling, but by the same token, you have not been harmed in any way and so far, the attorney has not even come close to any type of malpractice, professional negligence, etc.
          My real concern is that in the trusty's letter he requested certain answers by March 3. My atty has not done this. The trusty said I do not qualify, based on the information given, for a 7, etc. and to refile to a 13. My 341 is March 17, and I'm getting worried. There has not been anything posted/filed etc on PACER since Feb 21. I just don't want any more problems or let downs. As far as my atty trying to get me into a 7, ok I'll give him that. But it's only 2 weeks till the 341 and I would think he's really pushing the time limit? Am I worrying for nothing????

          Comment

            #6
            Yes, you could be worrying for nothing, because you don't always know what's going on behind the scenes and what hasn't been recorded yet.

            Your attorney may have it all under control and may give you a call in a few days to meet with him and go over everything.

            He should be contacting you before the 341 anyways....
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

              #7
              It's TRUSTEE, not trusty, lol
              and don't worry, you'll be contacted
              Filed: October 1, 2007 341: December 10, 2007
              CONFIRMED: December 10, 2007
              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

              Comment

                #8
                Originally posted by MajorMike View Post
                It's TRUSTEE, not trusty, lol
                and don't worry, you'll be contacted
                Sorry, ......Trustee

                Comment

                  #9
                  Originally posted by MajorMike View Post
                  It's TRUSTEE, not trusty, lol
                  and don't worry, you'll be contacted
                  You are right: lol - Trusty means someone who is trusted.
                  Trustee is someone who manages sums of money. I guess the Trustee isn't a Trusty after all. lol

                  Comment

                    #10
                    ok, now I'm starting to get really nervous. I've called my atty everyday this week and he hasn't returned my calls. The receptionist keeps saying "he's with a client" then takes my name and number. My 341 is the 17th, 7 work days away and we still haven't answered the Trustees questions nor have we filed the corrected paperwork converting from 7 to 13. Am I safe to assume that he's waiting till the last minute???? Hmmmm. Will this, could this, cause me any problems?

                    Comment

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