Possible Dismissal

[mccaverty]

Okay, so my lawyer informed me over the weekend that it had slipped his mind to make the final installment payment for the filing. So even if my 341 meeting had gone perfectly yesterday (which it most certainly did not), there is still a chance that the entire case will be dismissed.

BUT, he also explained that if that happens I can re-file in six months (I think that was the timeline) by which time my tax return will be exempt. I would then be able to pay off a creditor who has a mechanic's lien on the my house and use the rest for a downpayment on a new(er) car. On the other hand, the rest of my creditors would resume terrorizing me until the refiling.

Any thoughts?

[nervousss]

Thought: Your lawyer is an idiot.

[B65]

wow

useless lawyer! They get paid good money to eff up all the time! what happened at the 341? and if is just a payment issue why can it not be reinstated and opened?

[dabusted]

It's called malpractice.

If that happened to me, 6 months from now I might not pass the means test. And deal with 6 more months of creditors calling? Is he going to defend you for free if a creditor sues you and tries to garnish your wages?

If it is dismissed, I would demand an entire refund (but then you'd have to file a new lawyer) or demand a 50% refund and expect him to finish the case. And if anyone sues while you wait, I'd expect him to handle that at no fee. If he refused to agree, I'd report him to the Board of Professional Responsibility.

Part of me would be tempted to demand a partial or full refund even if the case isn't dismissed under threat of reporting him, but I suppose some might consider that extortion.

My $0.02. I hope it works out quick and easy. dabusted

[mccaverty]

Thought: Your lawyer is an idiot.

Well, he's a reasonably priced idiot...maybe that's why he's so reasonably priced. He said something about being surprised that he hadn't heard anything from the District Court about the final $99.

[wonkettegirl]

Ugh, he sounds very incompetent. But then again, every human makes mistakes, right? But if there's any cost involved with his mistake, he needs to cover it.

From what you described in your first post, it may be a blessing in disguise (except for the harassment by creditors, of course). You may be able to get your financial house in better order, you will assigned a different trustee, and things may go more smoothly for you.

[nervousss]

Well, he's a reasonably priced idiot...maybe that's why he's so reasonably priced. He said something about being surprised that he hadn't heard anything from the District Court about the final $99.

LOL

Why don't you take matters into your own hands and call the bk clerk? Just explain exactly what happened and ask what you have to do to not get your case dismissed, or if you can get it reopened. It may help, who knows.

[mccaverty]

What happened at the 341 was my fault - I didn't bring my SS card. But I didn't understand that the hearing would be postponed a month, I would waste two hours of my time driving, running around like a chicken with its head cut off trying to get a document from the nearby SS admin office that would satisfy the trustee. If I had known all of that, I would have torn my house apart trying to find it or I would have brought an acceptable substitute document. And all my lawyer had to say was "When I tell my clients to do something, I usually have a good reason." Well, I'm sure that's true but there's a difference between casually saying you need to do something and actually conveying the catastrophe that will ensue if you don't do it.

[Trixie007]

I'm speechless that he would be so cavalier about you having to wait 6 months to file again... excuse me while I pick my jaw up off the floor.

[dingdong]

I was dismissed for failing to file my means test ( Form 22a) I thought I had filed it, but didn't.

I filed an Emergency Ex Parte Motion to reinstate by BK, and it was ruled on favorably within 2 days.

You have options. So does your attorney.

[BornAgain]

And all my lawyer had to say was "When I tell my clients to do something, I usually have a good reason."

I think most take that for granted when given instructions by a lawyer. [shrug]

He certainly hasn't kept in your good graces anyway with that tremendous screw-up of his. Ouch. Sorry for your troubles. :-(

[mccaverty]

Thanks for all the replies. I'm just hoping whatever happens, it all works out for the best. And at least now that I've sort of had a dress rehearsal for the 341 meeting, I can go to it next month with a little more confidence and less stress (fingers crossed!).