Incompetence?? Need to vent!

[dovette7]

We filed Ch 13 in Feb 2007. In August, it came to our attention that my husband and his brother and sister were on the title to a lot in another town that had been owned by his dad. We didn't even know husband's name was on title. Well, there were buyers who contacted his sister and wanted to buy it. We contacted our attorney and told her that we didn't know husband was part owner and now we needed to sell it. Total sale: $3000 which would be split 3 ways. We were not confirmed in August so she told us to wait until after confirmation, she would then amend the Scheduales and we would file a motion to sell. Fine.

I brought it up 2 weeks after confirmation. She was working on it. In November, she told me she was almost ready to submit motion. In December, after no communication, I contacted attorney office...my attorney had left and all her clients were given to another attorney/main attorney. I brought it up again and they told me it was a "pressing" issue and they would get right on it. I also forwarded all the emails from me and the previous attorney to them. The closing attorney for the lot also sent them the documents they needed. In Feb, 2008 a letter was sent from my attorney to Trustee's office for the Trustee's office to file the Motion to Sell. (why that happened I have no idea, I thought it was attorney's job to file motions) Still no communication. On March 1,after asking again why it was taking so long I was told that my attorneys were now taking it back and doing the motion themselves since Trustee's office was taking so long. March 6 after asking again, was emailed by main attorney that he thought this had all been handled and he'd get on it. On March 14, after asking again, I recieved an email that motion may be finished that day. March 18 and March 27, asked the status again... and then called and spoke with attorney who said again...He thought it had all been handled however he checked and it should be done this month.
So I sent yet another email with all the documentation from August to present and wanted an explanation as to why this was and is taking so long to get a motion filed.

I guess that worked b/c it now has been finished within 3 days. With them reasking me all the information that had been sent to them previously. The only answer I received as to the length of time this has taken was that the other attorney had left? Well they knew that in December and it's been 4 months.
Is that incompetence? It seems so to me. And so now the motion has been filed, hearing set, and I should be happy except now......

we have to go back to the buyer and make sure they still want the lot since it's taken forever and they were not really informed. So saying prayers and crossing my fingers that they still want this property. If not, because of our situation, the brother and sister loose out on getting their money.

I will be so very angry if that happens, so I'm hoping for the best.


Of course that's not the only thing... we have 2 claims that are for secured property that were filed unsecured. I have brought this up over and over. The first attorney had a hearing objecting to the claims and I was told the creditors didn't show up so they have to refile amended claims in order to receive money. That was at the end of last year. Couple of weeks ago, I get a letter that our objection at court had been sustained as to the claims, however debtors council was to submit a proposed order. No order had been received and our objections had been pending for 6 months so now they are denied!! I called main attorney, who called me back and said they were aware of this and had been working with the trustee on this. But he couldn't tell me what that meant. I think he was feeding me b/s and has been. As claims stand now, they show as unsecured and will amend upon sale. The creditors have never called or tried to pick up property on one claim and on the other which was motorcycle and jetski..they got the motorcycle, took the wrong jetski out of the marina and had it for a month before calling me telling me they had the wrong vin number.... so basically they stole someone else's property. I haven't heard from anyone since. I don't know if they've sold it or not or if they even got the right one, but I know the claim has not been amended.

When asking all this to the main attorney, he said that this doesn't seem resolved (no kidding) and he hasn't been involed but he will be now (said with conviction of course) and that's the last time I've heard from him..... (when I emailed last week about the motion to sell the lot, it was taken care of by another attorney)

so what do you do when your attorneys make these type of mistakes....when you fall through the cracks...or just get ignored? Those claims still need fixed, another claim is showing wrong on 13network, and they may have cost the property not being sold.

[lrprn]

so what do you do when your attorneys make these type of mistakes....when you fall through the cracks...or just get ignored? Those claims still need fixed, another claim is showing wrong on 13network, and they may have cost the property not being sold.

As hard as it is, you need to tell the lawyers you've been working with that you are very dissatisfied with their service and that their mistakes and oversights are causing you harm. Becuase of this you are left with no choice but to report them to the State Bar of Georgia for legal misconduct if these errors they have caused are not immediately addressed and resolved with the court.

Here's the link to the lawyer reporting organizations in all 50 states - http://www.nbtanet.org/public/discipline/index.shtml Just scroll down or select your state of Georgia from the drop-down list to get all the contact information. L

et us know what happens, dovette. You've had a very tough run in your Ch 13 for sure - hopefully this will help move things along.

[Flamingo]

lrpn is correct but don't go into this blindly....make a chronological typed listing of the problems that occurred with dates of calls, what was said, etc. It will make the process much more easier for you to complain and for others to understand. Try to be brief and no go off in tangents cause that is easy to do when upset. Have you taked to your attorney's office directly about all this first for them to attempt to resolve any issues? Showing them the typed listed of problems will probably be a big wake up call to them especially after the first attorney left the firm. His cases would have been assigned to other attorneys and those attorneys would have been made familiar with those cases. Nothing should have fallen in the cracks. Confronting them if you want should be step one and if things don't clear up and no further attention paid to your case after that confrontation, then a formal complaint would be in order. Make a call to your State Bar Association or visit the website lrpn provided.

What your hubby would have made on the sale of that lot is not worth what you had to go through to try to sell it ($1,000 tops minus any selling fees if there was a realtor or agent involved, plus transfer taxes, etc.). In any event, if the lot does not sell, you need to find out how to handle the situation of your husband's name on the deed to an asset and what, if anything, can be done for him to transfer it out of his name to his siblings while you are in Chapter 13. Investigate it thoroughly so you don't run into future problems if this sale falls through.

Best of luck to you all.