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HELP HELP. I have an IDIOT for an attorney

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    HELP HELP. I have an IDIOT for an attorney

    WOW. Amateur hour all the way.

    My sit down discussions with the attorney is great-all 3 times. The problem is his support staff that continually screws everything up and fails to respond to 50%+ of my questions.

    Now, I receive the paperwork they filed and it is not even what we had agreed on the last time we sat down and met concerning a creditor and plan payment. In fact the food and transportation expenses are still incorrect.

    They filed the old paperwork, not the new paperwork we had agreed on.

    So what are my options? Of course nobody is there this weekend being a holiday.

    Can they refile the correct paperwork without causing red flags going up all over?

    Should I seek legal counsel against my counsel? Now my entire weekend is a wreck as I have this on my mind.

    Thanks
    California Chapter 13

    #2
    A question first....did you sign the first set of paperwork the office prepared or the second?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      we signed the first set also , but then they noticed the name change for new spouse.

      the second set has a newer date on it. My question now is, can they refile or change the paperwork after the fact?
      California Chapter 13

      Comment


        #4
        They can amend your petition. Call them first thing Tuesday and get it arranged.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment


          #5
          As newbie well said, they can definitely amend...it will not be a problem. Is there any way you could speak to your atty? Sort of...gently ask him what the deal is?

          Comment


            #6
            The attorney himself is not bad. In fact, the last time we met to sign documents while he dropped off my stack and had 4 other stacks in his arm for others in other rooms, I told him right there I want to go with another attorney based on the absolute poor communication of his 'top notch superior' staff as he put it in our first meeting. I could not get treated this badly unless I was peddling drugs on the corner of Compton.

            Based on this he stayed 2 hours that evening till 9pm to review everything to appease my assembly line treatment and answer every question.

            Receive the files docs, not a single change was implemented-old paperwork was filed.

            I am just amazed how people continue to screw up the basics in life.

            My fear now is that the trustee will receive this information and see the changes and start asking questions.
            California Chapter 13

            Comment


              #7
              Originally posted by chinup View Post
              My fear now is that the trustee will receive this information and see the changes and start asking questions.
              Trustees see amended plans all the time, especially before confirmation. Nothing to worry about there.

              As already suggested, call your lawyer on Tuesday, explain what was filed is not accurate, and that your plan needs to be amended as quickly as possible and refiled. Send an email to your lawyer as well - better for him/her to hear about the problems with your case twice than not at all.

              On the call and the email, be factual, be direct, be brief, and keep your emotions out of it.

              Be ready to point out each of the inaccuracies in your filed plan if you are fortunate enough to get your attorney on the phone when you call (that does happen sometimes ). If not, make an appointment for a scheduled call or face-to-face meeting as soon as humanly possible. Speak directly to your lawyer - that's what you are paying him/her for. Good luck to you!
              Last edited by lrprn; 07-02-2011, 07:51 PM.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment

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