Hearing today on Dismissal and motion to vacate.....

[schism7273]

Something happened and I'm pretty sure my lawyers office messed up. They were supposed to file an amended plan and there is a he said/she said going on with the motion to vacate, an objection to that by the trustee, a reply from my lawyer and then the trustee amended his objection.

Today at 11:15am there is now a hearing to decide on this. I feel sick. I'm so upset. If they refuse to reinstate our case we have to start all over. I don't think we have a chance. Anyone else go though this?

I tried to be so on top of my lawyer and my case and it still got screwed up.

[SMinGA]

If you must refile, I'd suggest using a different attorney. Anything not paid out to your current atty (assuming some of his fee was to be paid in the plan) should be something you can include when you refile. My honest opinion is that if the atty messed up, then its in your best interest to find someone more competent.

[boochase]

I am curious. If the lawyer screws up, ask him to clean up his mess--this shouldn't cost a thing. Two, if one really has a problem with a lawyer, ask for a refund. If that doesn't work, threaten to report him to the State Bar--and do it if necessary. There is no reason anyone should "eat" legal fees in this situation. As a dentist, patients have not always been happy with my work-so I either redo it at no charge or refund or credit the amount charged. By doing this, I usually kept the patients and added a few when his friends were told about my policy. Maybe this is just me.

[schism7273]

I am curious. If the lawyer screws up, ask him to clean up his mess--this shouldn't cost a thing. Two, if one really has a problem with a lawyer, ask for a refund. If that doesn't work, threaten to report him to the State Bar--and do it if necessary. There is no reason anyone should "eat" legal fees in this situation. As a dentist, patients have not always been happy with my work-so I either redo it at no charge or refund or credit the amount charged. By doing this, I usually kept the patients and added a few when his friends were told about my policy. Maybe this is just me.

We have been told a re-filing would be no cost. I firmly believe after reading all of the documents that the trustee was expecting an amended plan be filed where the payment is the same but the breakdown or mortgage arrears would be specifically identified (when/how much will be paid, etc.). That was missed. One mis-step took down our whole case and I didn't know about it until one of our creditors called us saying their system says our case was dismissed.

I had interviewed other lawyers and I really feel like it's hard to deal with any of them as far as thoroughness and responsiveness is concerned. Jumping ship may be a good idea but who knows, it could be worse. I do know our case handling was taken away from the one girl in the office and switched to another lawyer who went to our 341 with us. We were impressed with and like her. Too bad she wasn't handling our case from the get go.

I am watching Pacer and waiting for word on what happened. The hearing was to take place at 11:15am today EST.

[ColoradoBell]

I hope things turn out for you!
The thing about lawyers is....altho there are both gooduns and baduns, I think there are a lot more bad and lazy ones.

I'd insist that the one you liked (at teh 341) be assigned your case and through Pacer you stay on top of things. I know its hard, because I've found (in family law not BK law) that if you complain, it usually gets worse.

[schism7273]

Ok, haven't heard from the lawyer yet but I see that the trustee withdrew his objection under "Withdrawal of Document". There is also a "Disposition without hearing" line but no document attached. I'm hopeful that means our case is back on! Fingers crossed.