I'm getting really worried about my attorney

[twuoo]

I filed for bk very early this month. The attorney seemed right on the ball and filed with the court that same day. Well, since then, I've emailed the attorney and left several messages, but he has not corresponded with me at all.

My 341 is coming less than 2 weeks now!

I'm biting my nails as the attorney still hasn't responded to me.

I'm sure the holidays have something to do with it, however, he hasn't responded to me since about a week after I filed which would have been mid Dec.

Any thoughts?!

[HHM]

What are you trying to get in contact with your attorney about?

[twuoo]

I've been needing to add additional creditors to my bk filing, there's now a lift of an automatic stay suit on the house, and I'm missing some documents.

Any suggestions? How do I deal with the lift of the automatic stay?

[jktrading]

I filed for bk very early this month. The attorney seemed right on the ball and filed with the court that same day. Well, since then, I've emailed the attorney and left several messages, but he has not corresponded with me at all.

My 341 is coming less than 2 weeks now!

I'm biting my nails as the attorney still hasn't responded to me.

I'm sure the holidays have something to do with it, however, he hasn't responded to me since about a week after I filed which would have been mid Dec.

Any thoughts?!

In my experience, Attorney's are notorious for not returning calls. My dw had carpel tunnel quite a few years ago, and had that problem with her workers comp attorney not returning calls for over 1 month. I got so upset, and felt like that was so unacceptable, that I filed a complaint with the State Bar. Guess what? He called personally 3 times that same day he got notice from the Bar, imagine that. He worked her case diligently from that point on. That was our experience, and I'm not saying to do that yet. Perhaps, set up an appointment, and go in first, like maybe we should have done, since doing that really made him upset. Also, it is the holidays as previously mentioned.

[leftyf]

I think it's kind of like being in the hospital and wondering where the nurse/Dr. is. It means the world to us, but it's really just a job to everyone else involved. They're probably wondering what we are freakin' out about...but I bother my attorney all the time. Just trying to make sure we're not overlooking anything. Especially with my very border-line case.

[HHM]

Attorney's, by the nature of their profession, work in "written" form. If you want to get information to your attorney...mail them a letter, that way, there is a record of what you did. It is easy to deny phone calls, its a lot harder to deny a letter.

[twuoo]

I just checked my pacer this morning. I filed on 12/4

Here are some of the dates, in particular, I'm worried about the last line where it says "non response" because I didn't mean to "Not respond", but I still haven't gotten a return call from my attoreny.

Also, what does the notice for request from American express mean? They are still sending me montly bills!


12/11/2007 10 Motion for Relief from Stay and Waiving the FRBP 4001 (a)(3) Fee Amount $150, Filed by Creditor Mortgage Electronic Registration Systems, Inc., as nominee for lender and lender's successors and/or assigns, by and through its attorneys (Attachments: # 1 Exhibit # 2 Mortgage# 3 Notice of Motion# 4 Certificate of Service) (Dickow, Heather) (Entered: 12/11/2007)

12/11/2007 Receipt of Motion for Relief from Stay and Waiving FRBP 4001 (a)(3)(07-64716-pjs) [motion,mrlfsty4] ( 150.00) filing fee. Receipt number 5377496, amount . (U.S. Treasury) (Entered: 12/11/2007)

12/19/2007 11 Request for Notice by American Express Bank FSB. (Weisman, Gilbert) (Entered: 12/19/2007)

12/31/2007 12 Certification of Non-Response Filed by Creditor Mortgage Electronic Registration Systems, Inc., as nominee for lender and lender's successors and/or assigns, by and through its attorneys (RE: related document(s)10 Motion for Relief from Stay and Waiving the FRBP 4001 (a)(3) . Fee Amount $150,). (Dickow, Heather) (Entered: 12/31/2007)

[HHM]

Yeah...but were you going to respond for the Motion for Relief???...After all, if you are surrendering your home anyway, there is no need to respond to the Motion.

[Minnymouth]

As HHM asked, if your surrendering your home/property then there is no reason to respond to the Motion of Relief......

A lot of the legal documents filed by the creditors is in regards to getting the automatic stay lifted before discharge so they can get their property back in their possession to foreclose or resell it.

It does not involve participation of the filer.... it is between the trustee and the creditors and the Courts.

The only real documentation you might need to be concerned about is an "adverisal motion or hearing" that your attorney would notifiy you of anyways...... as soon as he knew....

So don't get over excited over motions and posting to Pacer..... I'm sure anything "important" your attorney would be contacting you.

As for the request from American Express, they are just notifying the Court that they want updated records concerning your bankruptcy case sent to them of any/and all changes that take place during your bankruptcy period from the time you file till discharge. Nothing important......

As for adding creditors you might have forgotten, notify his office that you left off some creditors and that it needs to be amended before the 341. I'm sure his staff will give him the message and he will probably contact you....

Be patient, I'm sure the holidays have interferred with a lot of BK cases......

Keep us posted.

[twuoo]

Well, I FINALLY got ahold of my bk attorney. He told me I still needed such and such forms which I have about 2 days to get since my 341 is coming up! I don't think it's going to happen for me.

But what I wonder is why the mortgage company is not going after my former spouse because we are both on the mortgage, they seem to be only interested in me.

Thanks for any input!

BTW, I think the attorney is pretty lame. I'd been contacting him with questions since the 12/14. He didn't respond until just yesterday!

[PaKettle]

Attorney's, by the nature of their profession, work in "written" form. If you want to get information to your attorney...mail them a letter, that way, there is a record of what you did. It is easy to deny phone calls, its a lot harder to deny a letter.

Great advice, next time I find myself with an uncommunicative attorney, I will send him a certifed letter. (I add the suggestion that you send the letter certified and/or registered in order to have proof it was sent and/or delivered/received.)