I put this as a reply to someone else's thread, but wanted to put it out here to see if I could get some help.
I went through this same thing (being told we could file Ch7, then being forced into Ch13) with a lawyer. My husband is filing (I filed seperately a few years ago). We met with the lawyer who did my Chapter 7, and presented him with all the numbers he would need. Since I had been through bankruptcy, I knew the specifics of what he would need to determine if we could file chapter 7.
SO - at that time, we weren't behind on any bills, but I was 4 months pregnant, had to quit my job and we were on the verge of crashing and burning. And like you, we defaulted on all the bills at his advice. We also had to rush out and get another car, because he warned that our 1st vehicle would probably be taken in about a month from that first meeting. (That went on MY credit card, and the other stupid car didn't get picked up for almost SIX months).
At that time, we told him that we DID NOT want to stop paying our bills unless he was CERTAIN we could file Chapter 7. And he said he was certain. Well... We paid the $1600 fee. About four months later, he calls and says we have too much disposable income to file 7.... we have to do a 13.
After researching on this site and others, my husband confronted him with the numbers and the facts (our disposable income was NEGATIVE), but he just wouldn't listen. It almost seemed as if he had NO IDEA what the new laws were.
So.... long story short... we fired him and paid another attorney another $1500 to file our Chapter 7. This attorney had it filed within 2 weeks, and the meeting is scheduled for 3 weeks from now. He showed our disposable income at -$500 / month, and said he saw NO PROBLEMS.
As my hubby calls it... a "bait and switch", and after reading on this forum, it seems as if it is a quite common practice among bankruptcy lawyers.
And here is MY question. The 1st bad lawyer did refund some of our money (after we told him we had contacted the bar), he refunded around $730 or so. Even though my dh signed a paper saying NONE of the money was refundable. Our NEW attorney seemed to scoff at the fact that $730 was "all" he gave us back.
Should I put in a complaint? And to where. I've read several different places... the Attorney General's Office, the State Bar, and another agency, which I can't remember. Do ya'll think it would do any good. I know he needs to be reported, just for the fact that he's doing dirty business. BUT, with a 2 year old and now being very pregnant, I don't want to waste a lot of time unless it will get some more of our money back.
This whole thing has been a nightmare.
Also.... our new attorney said that he has NEVER seen a case in our district (Middle District, NC) that the trustees didn't just go by the median income in the means test... in other words... he said that every case HE had seen or heard of, if your income fell below the median, that was considered "safe harbor", and your disposable wasn't even considered... although theoretically it COULD be.
**Edited** Additional question. If I DO complain, should I wait until the bankruptcy is discharged, so there's no chance of the complaint interferring with the bk??
I went through this same thing (being told we could file Ch7, then being forced into Ch13) with a lawyer. My husband is filing (I filed seperately a few years ago). We met with the lawyer who did my Chapter 7, and presented him with all the numbers he would need. Since I had been through bankruptcy, I knew the specifics of what he would need to determine if we could file chapter 7.
SO - at that time, we weren't behind on any bills, but I was 4 months pregnant, had to quit my job and we were on the verge of crashing and burning. And like you, we defaulted on all the bills at his advice. We also had to rush out and get another car, because he warned that our 1st vehicle would probably be taken in about a month from that first meeting. (That went on MY credit card, and the other stupid car didn't get picked up for almost SIX months).
At that time, we told him that we DID NOT want to stop paying our bills unless he was CERTAIN we could file Chapter 7. And he said he was certain. Well... We paid the $1600 fee. About four months later, he calls and says we have too much disposable income to file 7.... we have to do a 13.
After researching on this site and others, my husband confronted him with the numbers and the facts (our disposable income was NEGATIVE), but he just wouldn't listen. It almost seemed as if he had NO IDEA what the new laws were.
So.... long story short... we fired him and paid another attorney another $1500 to file our Chapter 7. This attorney had it filed within 2 weeks, and the meeting is scheduled for 3 weeks from now. He showed our disposable income at -$500 / month, and said he saw NO PROBLEMS.
As my hubby calls it... a "bait and switch", and after reading on this forum, it seems as if it is a quite common practice among bankruptcy lawyers.
And here is MY question. The 1st bad lawyer did refund some of our money (after we told him we had contacted the bar), he refunded around $730 or so. Even though my dh signed a paper saying NONE of the money was refundable. Our NEW attorney seemed to scoff at the fact that $730 was "all" he gave us back.
Should I put in a complaint? And to where. I've read several different places... the Attorney General's Office, the State Bar, and another agency, which I can't remember. Do ya'll think it would do any good. I know he needs to be reported, just for the fact that he's doing dirty business. BUT, with a 2 year old and now being very pregnant, I don't want to waste a lot of time unless it will get some more of our money back.
This whole thing has been a nightmare.
Also.... our new attorney said that he has NEVER seen a case in our district (Middle District, NC) that the trustees didn't just go by the median income in the means test... in other words... he said that every case HE had seen or heard of, if your income fell below the median, that was considered "safe harbor", and your disposable wasn't even considered... although theoretically it COULD be.
**Edited** Additional question. If I DO complain, should I wait until the bankruptcy is discharged, so there's no chance of the complaint interferring with the bk??
)
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