Well, sure hope you guys are having a better day than me....
Came home to two pieces of mail:
1. Response from my attorney to my correspondence sent Monday, in which I said (a) please update me on the status of my chapter 13 - specifically, which creditors did file a claim against me (last day to file claims was 2/12) and I have heard nothing and (b) with my mortgage payment adjusting upward $200, I would like you to file a modification of my plan to take this into account or extend the plan to a 4 or 5 year plan instead of 3 year. I was proud of myself for being assertive, but not demanding or rude.
His response? List of creditors which is so convoluted, I can't figure it out and includes a creditor I don't recognize with an amount I don't recognize. Letter saying "here's your list" PERIOD. Second paragraph says "you need to let me know your tax refunds for state and federal because we may have to raise your chapter 13 payments, depending on how much your refunds are." HUH? I don't even know if I will get a refund or not! I don't know why he would say "I think we need to raise your plan payment" - no explanation. His final paragraph was "if your mortgage is going to be raised the way you claim, my suggestion is for you to get a roommate."
I'm sorry, maybe I'm wrong, but I don't think this is an appropriate way to speak to a client, firstly, nor to someone who has asked you to do something (he gives no reason why he won't file modification) on their case. His "the way you claim" remark makes it sound like I am lying but he got the same letter I did saying my rate was adjusting - it is no big surprise!
Second piece of mail is - joy joy - a Motion for relief from stay from my mortgage company. I am ONE payment behind which I am going to make next Wed. But that's not what their info says. It says I am behind 4 payments with a payment figure of $775.65 (my payments have been $710.23). I have no clue where this $775 figure came from - never heard of it. Court date for this motion is April 3.
I immediately checked my bank account - yes, I made electronic payments in the amount of $710.23 on 11/3, 12/16, 2/28 and will finish up on 3/15. 4 payments. Of course, the jerk attorneys who filed all this paperwork tacked on their attorneys fees of $600 and $150 for costs - I assume the filing fee for the motion.
I am HYSTERICAL. First at my attorney, who really seems to be hateful and unhelpful. Again, I don't think it is appropriate to say to a client, who has told you in no uncertain terms "my house is the most important thing to me and why I filed Chapter 13" that "you should get a roommate." Even if I wanted a roommate, I have less than 800 sq feet of living space and 5 dogs - there's no place for someone else!
Second, this motion for relief from stay filed by the mortgage company has me completely flabbergasted. What has happened to all I have paid? If I was paying a "wrong" amount (and this was the amount told to me by the mortgage company's bankruptcy department), why would they have not sent me or my atty a letter saying hey sister, you are paying the wrong amount? Why did they tell the court I have paid nothing when that is untrue?
Help/advice/tips PLEASE. Here I thought I was doing good and this comes like a shot out of the blue.
Came home to two pieces of mail:
1. Response from my attorney to my correspondence sent Monday, in which I said (a) please update me on the status of my chapter 13 - specifically, which creditors did file a claim against me (last day to file claims was 2/12) and I have heard nothing and (b) with my mortgage payment adjusting upward $200, I would like you to file a modification of my plan to take this into account or extend the plan to a 4 or 5 year plan instead of 3 year. I was proud of myself for being assertive, but not demanding or rude.
His response? List of creditors which is so convoluted, I can't figure it out and includes a creditor I don't recognize with an amount I don't recognize. Letter saying "here's your list" PERIOD. Second paragraph says "you need to let me know your tax refunds for state and federal because we may have to raise your chapter 13 payments, depending on how much your refunds are." HUH? I don't even know if I will get a refund or not! I don't know why he would say "I think we need to raise your plan payment" - no explanation. His final paragraph was "if your mortgage is going to be raised the way you claim, my suggestion is for you to get a roommate."
I'm sorry, maybe I'm wrong, but I don't think this is an appropriate way to speak to a client, firstly, nor to someone who has asked you to do something (he gives no reason why he won't file modification) on their case. His "the way you claim" remark makes it sound like I am lying but he got the same letter I did saying my rate was adjusting - it is no big surprise!
Second piece of mail is - joy joy - a Motion for relief from stay from my mortgage company. I am ONE payment behind which I am going to make next Wed. But that's not what their info says. It says I am behind 4 payments with a payment figure of $775.65 (my payments have been $710.23). I have no clue where this $775 figure came from - never heard of it. Court date for this motion is April 3.
I immediately checked my bank account - yes, I made electronic payments in the amount of $710.23 on 11/3, 12/16, 2/28 and will finish up on 3/15. 4 payments. Of course, the jerk attorneys who filed all this paperwork tacked on their attorneys fees of $600 and $150 for costs - I assume the filing fee for the motion.
I am HYSTERICAL. First at my attorney, who really seems to be hateful and unhelpful. Again, I don't think it is appropriate to say to a client, who has told you in no uncertain terms "my house is the most important thing to me and why I filed Chapter 13" that "you should get a roommate." Even if I wanted a roommate, I have less than 800 sq feet of living space and 5 dogs - there's no place for someone else!
Second, this motion for relief from stay filed by the mortgage company has me completely flabbergasted. What has happened to all I have paid? If I was paying a "wrong" amount (and this was the amount told to me by the mortgage company's bankruptcy department), why would they have not sent me or my atty a letter saying hey sister, you are paying the wrong amount? Why did they tell the court I have paid nothing when that is untrue?
Help/advice/tips PLEASE. Here I thought I was doing good and this comes like a shot out of the blue.
. Also told me a few things that are good to know. One is that BK lawyers deal with incredibly upset, emotionally charged people and most of them try to somehow build a "wall" around themselves so they aren't on the phone/dealing with clients 24/7. That could be some explanation for my attorney's callousness. Second, the changes in the BK law have *gasp* required BK attorneys to almost double their work load in order to be able to do their jobs - this is not a happy time for them and most BK attorneys are not happy with the new laws and a PITA client is not going to be looked upon as someone needing help, but just another burden for an already "overworked" BK atty. So please, feel sorry for your attorneys everyone.
Comment