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My attorney is sooo bad - how do i fire him??

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    #16
    Originally posted by jessegirl View Post
    Maybe so that it is because of the cc statements. But what am i suppose to do if the cc companies will not work with me and they refuse my requests thru mail? I am trying, i cannot go and beat them for it.
    Jesse - Send (better yet hand deliver) a letter to your attorney and copy your Trustee advising that the CC companies refuse to send you the two years' worth of statements and indicate how many times you have tried to obtain them and that you have complied with the rest of the requested information. Include the information from the one CC that responded to you. In a situation such as this, it might take correspondence from the attorney or trustee to obtain that information if the CC companies will not work with you. Maybe they can subpoena them. The problem here is that this is extra work above and beyond a normal BK and it is a shame because it is the CC companies refusing to cooperate with you so you can comply with the Court. That is why there is an extra fee as is normally the case in any BK if there is additional work to be done, Motions filed, etc.

    I'm sorry you are in the situation you are rigiht now but you have to weigh out your cost situation as to what is occuring. If you fire your attorney now, it will cost you way more in the long run to regroup, obtain another attorney and get back to this spot again trying to obtain this information. Sensible heads prevail. Work with the information you now have since it is obvious you cannot obtain the rest on your own and it will take the bigger guns to have them hand it over.

    Hope this all works out for you...
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #17
      Jess, you need to move forward here. It doesn't matter why the trustee is asking for the 2 yrs. statements, you just needed to supply him with them.

      You keep saying that you gave him everything, but you didn't. I really think this is the crux of the problem. You should have advised the trustee in writing that you tried but could not get the statements way before any of this mess started.

      Get on the phone with the cc companies and keep asking for a person higher up until you get an answer as to how to get the statements.

      Write a letter to the trustee explaining the situation and that you are still trying and have your lawyer forward the letter to the trustee. It really is not the lawyer's fault that you didn't supply the statements.

      I would not fire the attorney and incur an extra cost of a new attorney, use the money you would have spent to pay for the statements if you have to.

      Although stressful, you need to keep putting one foot in front of the other and move FORWARD. Do whatever it takes to reach your ultimate goal.......... discharge. Stop spending so much energy on being upset and possibly jeopardizing your emotional and physical health. You need all your strength to get through this.

      Comment


        #18
        Originally posted by fltoo View Post
        Jess, you need to move forward here. It doesn't matter why the trustee is asking for the 2 yrs. statements, you just needed to supply him with them.

        You keep saying that you gave him everything, but you didn't. I really think this is the crux of the problem. You should have advised the trustee in writing that you tried but could not get the statements way before any of this mess started.

        Get on the phone with the cc companies and keep asking for a person higher up until you get an answer as to how to get the statements.

        Write a letter to the trustee explaining the situation and that you are still trying and have your lawyer forward the letter to the trustee. It really is not the lawyer's fault that you didn't supply the statements.

        I would not fire the attorney and incur an extra cost of a new attorney, use the money you would have spent to pay for the statements if you have to.

        Although stressful, you need to keep putting one foot in front of the other and move FORWARD. Do whatever it takes to reach your ultimate goal.......... discharge. Stop spending so much energy on being upset and possibly jeopardizing your emotional and physical health. You need all your strength to get through this.
        You are right. I need to stop worrying.. I did try everything I could to get the statements. Some said yes we will send and others flat out refused and said tell your attorney to fax us a letter. I tried my best to get them. Letters sent certified, phone calls, faxes etc. I only got 1 cc company to send me statements. Most of the others are sold to other companies. When I call the CC company they say we do not have the account anymore so n so has it you must call them. I call them and they say they only have from the time it was sold to them. I call back the CC comapny and they say they cannot help me. I tried my best to get what the trsutee wants. Why doesn't he supeona the CC companies. I spoke to 2 attorneys, BTW a new one yesterday and he said look, if you can't get them you can't get them. The trustee cannot expect you to get 2 years worth of cc statements. That is unreasonable. I am bringing the statements that the 1 cc company sent me. My attorney will fax them.

        I can't do anymore then that.

        Comment


          #19
          Good deal. Document in a timeline how you tried to get the statements and provide the attorney with it. The trustee should know how hard you tried and that you were not simply ignoring his request.

          Let us know what happens.

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