Options after Ch. 13 dismissed

[keepsmiling]

What she said.^

[brtb]

Updated: I received the trust document from my aunt and emailed it to our attorney. It has a Non-Alienation clause in it, so I hope that's what he's looking for.

Now, I need to vent. Our attorney is extremely rude and condescending. In this email thread he has accused me of being a liar and of being shady. I don't trust him at all, and I'm sure he doesn't trust me. I feel like we're stuck with him now. We're in no position to fire him and hire a new attorney. I hate being in this position.

I did point out to him that I am not a liar because I have been reporting the interest on my tax returns, which I have provided his office and the trustee.

I really do appreciate all of the support from this board.

[brtb]

Update: Since my last post two months ago I hadn't heard anything from our attorney or bankruptcy court. I thought "no news is good news". Just this evening our attorney's asst emailed me saying that I have to be in court this Wed because this issue hasn't bee resolved. Is this normal for an attorney to not notify clients until the last minute? Also, I stressed that I never received a letter from the court about having to appear.

I figured the "No alienation" clause was enough to ends this. All of this sounds so fishy to me.

Thoughts?

[LadyInTheRed]

Your attorney should have been keeping you informed of what has been going on, including letting you know of any hearing date as soon as he know. But there is nothing you can do about that now accept move forward to deal with the current situation. Call your attorney and ask what is going on and what will happen at the hearing. You shouldn't have to walk into the hearing without knowing what to expect.

[brtb]

He emailed me saying that he'll let me know tomorrow if he needs me to be there on Wed. Unbelievable.

[AngelinaCat]

Unfortunately, it seems that many attorneys--certainly NOT all--operate this way.

When we were dealing with the serial lawsuits filed against us by our Enemy, it was routine for us to ask our attorneys (3 of them) if they read the material we sent last week? The typical response was "no. I just looked at it briefly this morning." ...as we were preparing to walk into court!

[brtb]

This is so frustrating and stressful especially for having to ask to take of work at the last minute. Why don't they get that?

[brtb]

Update: Attorney just emailed me asking me if I had ever sent him the trust document!!! I emailed it to him on July 2 after he had been badgering me about it. He hasn't even read it and I stressed to him that that is a "No Alienation" clause in it. I am so frustrated right now....

[AngelinaCat]

I hear ya, Sister...{{{{{HUGGSSS}}}}} See what I said about our attorneys....

That "No Alienation" or "Spendthrift " clause, as it is also known, should stop all this 'krappola' in it's tracks. If your attorney had done his due diligence when you first sent the document, there would be no need for this hearing.

I hope you are planning on going to the hearing, with a copy of the trust document in hand. I wouldn't trust this guy.

After all this is over, I hope you file a complaint to your State's Bar Association.

Good luck to you!

[brtb]

I hear ya, Sister...{{{{{HUGGSSS}}}}} See what I said about our attorneys....

That "No Alienation" or "Spendthrift " clause, as it is also known, should stop all this 'krappola' in it's tracks. If your attorney had done his due diligence when you first sent the document, there would be no need for this hearing.

I hope you are planning on going to the hearing, with a copy of the trust document in hand. I wouldn't trust this guy.

After all this is over, I hope you file a complaint to your State's Bar Association.

Good luck to you!

Thanks.

Once we're officially discharged I plan on doing something. This is crazy. I know we're in bankruptcy and all, but he got his money. We scraped up $3300 to pay him. This is no way to treat your paying clients.

[brtb]

Finally some closure. At the eleventh hour we received an email from our attorney saying that he and the trustee have come to a resolution. The trustee is increasing our payment to $382 a month to account for the annual trust distribution I receive plus a little extra for forgetting to tell him about the trust at the start of the case. The "No Alienation" clause supposedly helped because the payment could have been much more.

Once my husband finds a job we have to notify the trustee immediately so then he will decide what to make our new payment. In the end we were scrambling but didn't have to go to court.

Glad this is over for now. Hopefully, we can make it three more years.