Attorney Arrested on Obscenity Charges

[dingdong]

Damn sex drive, gets em every time!

I do feel sorry for that family. Not fair. I hope the family recovers ok.

Nice to hear the firm is doing the stand up thing and assigning you another attorney at their cost (at least that is what I read from your post.)

[ProjMgrNewb]

Yeah... I mean, if I have to litigate the school loan issue then I'll have to pay for that. But, for the remainder of the BK case, I'm good. At least that's what the ex-firm said.....

I'm definitely getting it in writing tomorrow with new-not-so-criminal lawyer.

[relief13035]

Absolutely priceless

[queenfluff]

The complaint charging Greenberg alleges that during the period February through April of 2009, Greenberg used computers at his home and office to engage in graphic sexual conversations and to transmit obscene images including videos of a male masturbating. These images were sent to individuals who Greenberg believed were underage females. Conviction on each count carries a maximum punishment of 10 years imprisonment.

The affidavit in support of the complaint alleges that beginning in late January 2009 a New York law enforcement officer, posing as an underage female, began electronic communication with an individual utilizing the screen names [email protected] and [email protected]http://cincinnati.fbi.gov/pressrel/2009/ci050409

Ew! It is so weird how someone you would never suspect seems so normal - than bam! creepo city.

I wonder if anyone else on the forum is using him too.

[JRScott]

Good to hear his former employer is helping you get your case along.

I"m sure they don't want the bar examining his conduct in the past......however that's good for you. I hope the new lawyer works out good.

[ProjMgrNewb]

Okay... so. I'm about to lose my marbles over this!

Went to new lawyer... Arrogant. Arse. Moreso than any lawyer I've ever met.

Aside from the personality conflicts, when he flat out told me that anyone that comes to him that is above the median income he doesn't even consider for a 7, and sends them straight into a 13, I knew I was in for trouble.

And it was. Anything I tried to ask for specifics on, or any type of a suggestion that we not go that route with my case but look at all the options, he just got more and more rude. I wasn't exactly the friendliest person there either, but that was only because anytime I'd ask questions, I'd get cut off or redirected to something else.

To add fuel to the fire: He made sure to let me know that he was doing this as a "favor" to my former lawyer and former lawyer's partner because they are "friends". WTH.

I tried to call the previous firm today, as at this point I just want my stinkin' $ back. The call won't even go through. The phone company has a "Your call did not go through" recording any time you try to call them.

I'm quickly coming to terms with the fact that for the interim I'm going to have to hire someone else to get me through this. I mean, I know that there's the possibility that the former lawyer dropped the ball and I was never suppose to have been in a Chp 7 to begin with. However, if I'm hiring someone to represent me, I want them to do just that and not herd me like cattle into a group of people because of coming in above the median. I know that I need to start my paperwork from scratch, but not with the intent of it being for a 13, but to do the analysis.... and so that I can understand, legally, why I don't qualify for a 7.

Also... and maybe some folks here can clarify this. I asked him several questions about a 13, here are the questions/answers. Let me know if what he is saying jives..

1) If I get married, will the court consider that as additional income and make me pay more $. Answer: No.
2) If I get a better paying job, is it my obligation to tell my trustee/the court, and will they take that increase. Answer: No.
3) Previous lawyer put my household size down as 2, since I live with my b/f in his home. Arrogant lawyer said that was incorrect, it should just have been 1. But, don't I have to include ALL income when it comes to the household expenses?

I've sent up a consult with another attorney tomorrow, here's to hoping that goes a bit better.

Thanks for everyone's help,
ProjMgrNewb

[ProjMgrNewb]

Oh, and another question... Does anyone have a link where I can go to get a blank copy of all the bankruptcy paperwork?

Thanks!

[queenfluff]

Okay... so. I'm about to lose my marbles over this!

Went to new lawyer... Arrogant. Arse. Moreso than any lawyer I've ever met.

Aside from the personality conflicts, when he flat out told me that anyone that comes to him that is above the median income he doesn't even consider for a 7, and sends them straight into a 13, I knew I was in for trouble.

And it was. Anything I tried to ask for specifics on, or any type of a suggestion that we not go that route with my case but look at all the options, he just got more and more rude. I wasn't exactly the friendliest person there either, but that was only because anytime I'd ask questions, I'd get cut off or redirected to something else.

To add fuel to the fire: He made sure to let me know that he was doing this as a "favor" to my former lawyer and former lawyer's partner because they are "friends". WTH.

I tried to call the previous firm today, as at this point I just want my stinkin' $ back. The call won't even go through. The phone company has a "Your call did not go through" recording any time you try to call them.

I'm quickly coming to terms with the fact that for the interim I'm going to have to hire someone else to get me through this. I mean, I know that there's the possibility that the former lawyer dropped the ball and I was never suppose to have been in a Chp 7 to begin with. However, if I'm hiring someone to represent me, I want them to do just that and not herd me like cattle into a group of people because of coming in above the median. I know that I need to start my paperwork from scratch, but not with the intent of it being for a 13, but to do the analysis.... and so that I can understand, legally, why I don't qualify for a 7.

Also... and maybe some folks here can clarify this. I asked him several questions about a 13, here are the questions/answers. Let me know if what he is saying jives..

1) If I get married, will the court consider that as additional income and make me pay more $. Answer: No.
2) If I get a better paying job, is it my obligation to tell my trustee/the court, and will they take that increase. Answer: No.
3) Previous lawyer put my household size down as 2, since I live with my b/f in his home. Arrogant lawyer said that was incorrect, it should just have been 1. But, don't I have to include ALL income when it comes to the household expenses?

I've sent up a consult with another attorney tomorrow, here's to hoping that goes a bit better.

Thanks for everyone's help,
ProjMgrNewb

Ugh! So sorry. Maybe you might to post what city or state you are in? Maybe others on this board might have some references for "normal" lawyers for you?

For your questions:

For number two, I am unemployed I have to be careful not to get a job or it will put me over the median so I have to ride my Ch. 7 out until at least after the 341. (I have income left over from my 401K that I took out). And I think at the 341 you have to answer a question like "Will your income increase etcc?" I haven't had my 341 yet so I don't know the exact details of that but somone mentioned that. But my lawyer told me that my income can't increase during this process - so yes, you do have to be careful for that part. And I think the trustee and creditors have a way of finding out if you don't tell them - because I think if your income increases and you don't mention it, it could fall under fraud (like trying to keep your extra bucks from the creditors - and we all know how vicious they are!). So, yes, be careful on this point.

For third question: I also live with my bf. We live with his mom and it is a two level house so we get the whole second floor which is technically an apartment - until I get through the BK and get a job I am living here rent free - just need to pay for my food and pet care. My bf went in with me to see the lawyer and he knows we live together but are not married. He only seemed concerned whether or not we had a joint checking acct - answer is No.

I don't think I had a listing on my paperwork for Household Size. I am BKing alone so it shouldn't matter. Technically, my "Household Size" in the ENTIRE house would be 3 - but it isn't my house and I am not related to anyone here nor married so I consider myself a Household of one. I looked over my petition which I received yesterday all nicely printed out and I can't find anything that talks about household size. It is confusing though and fat. I will look through it again though.

But yes, you must include ALL Income that YOU use to pay bills, buy things etc. Don't include bf's income unless you use it to pay bills.

I am not sure about your question one if that is right or not. I know you can file BK alone even if you are married but many married couples do file together. I think it depends on the joint account issue too.

[queenfluff]

Oh, and another question... Does anyone have a link where I can go to get a blank copy of all the bankruptcy paperwork?

Thanks!

Under the BK FAQ forum section there is this to download bk forms:

http://www.bkforum.com/showthread.php?t=150

Oh, I forgot to mention in my last post - my bf is also unemployed so he has no money either - so I don't use any of his "income" because he has none so I didn't list that on my income section - but if your bf has income and you take some of it to use it to pay any of your bills (if you guys share food - maybe half the amount on the expenses) that would be your creditors you probably should list it.

[JRScott]

1 & 2 the answer given I do not think is correct, the trustee can indeed ask for modified payment plans if you can pay more unless you are already at 100% pay back.

3 The correct household number is 2, doesn't matter if you are related or not, it is a reflection of how many people live in the household.

Sorry it didn't go to well.

You might could stop by their offices or write them certified mail asking for the return of your fee citing the arrest of your lawyer and his inability to represent you. Failing that then you could report them to the barr association but the threat of that might not move them as likely the lawyer is going to be disbarred based on his actions.

[ProjMgrNewb]

Here's the latest update....

Ex lawyer is out of jail on house arrest, and is allowed to "go back to work" as they put it. Nice.

In other developing news, I went to another lawyer today. This one wasn't any better. Actually, this guy yelled at me. I'm a loud person myself, so when I say that he yelled at me... he was very loud. And it wasn't so much the volume that bothered me, but it was more the tone and aggression.

What's coming to light though, between these lawyers I've spoke to this week is:

1) Ex lawyer put me down as a two person household, because I live with my b/f in his home, and we share household expenses. I should have been a one person household.

2) I should have been in a Chp 13 all along.

3) When I went to ex lawyer for consultation, he suggested that I think about giving up my Jeep since it was a lease and if I had a family member or if my b/f could help me get a vehicle since I couldn't get financing. He said that the whatever I would owe on the Jeep would go as unsecured non-priority debt. So I did just that. I gave up the Jeep, and my b/f bought me a car with the understanding that I would pay all expenses. I asked ex-lawyer several times if I needed a formal document indicating this arrangement and he said no. Now... I can't take ANY EXEMPTION on a car because the car that was bought was titled in his name and the loan is in his name.

I am mentally and physically exhausted from all of this. I have no idea what to do. Is there any way that a lawyer can ask for my paperwork to be corrected? Is there some sort of a "stay" that I can ask for on my case? Is it even feasible to consider going after ex-lawyer for malpractice? This is causing soooo much stress for me, and now my b/f. He's afraid that he's going to be stuck with a car that he can't afford because the courts are going to make it to where I can't pay him.

I am at a complete loss. I think I had a panic attack on the way home today. Is my case screwed?

[chad9162]

I don't know if your case is done but when the US Trustee gets involved its not good.

As for Chap 13 you'll be screwed even more since technically you don't have a car payment. So on paper it will look like you have more disposable income.

As for suing the ex-attorney it takes time and money. Malpractice can be subjective especially when arguing gray areas like 1 or 2 person house hold and giving up a vehicle. He'll argue that he meant give it up during BK and then buy a new car after discharge with b/f.

At this point I think you need to start over or amend if you can. Some how you need to be added to the car loan so you get the secured debt exemption.