attorney paid and now wants to quit

[music12]

luvbluz, does your attorney explain in the motion why he wants to withdraw?

[luvbluz2]

lack of co-operation is what he states. (I could say a lot of !)^*&%$#@ here but I will refrain myself).

[music12]

does he specify what he is claiming you did not cooperate about?

did he or the trustee ask for documents that you have not yet given him?

not supplying documents is the only thing i can think of that could be called lack of cooperation. if that's what it is, give the documents to him right away, and he will take back his motion.

[justbroke]

Was that "motion" submitted to the Court? Is the lawyer backing out for other reasons (closing business, being deported, going to jail, disbarred)? There has to be some reason he has if that's indeed a Motion to Withdraw and that it was submitted to the Court.

All lawyers that even work on "no-look" bankruptcy filings, do so based on an average number of hours to perform the work. If it takes an attorney 10 hours to prepare, submit a petition and attend the 341 Meeting, and their hourly rate is $150 (common for "no-look" cases), then their fee is $1,500. If they get you through the 341 Meeting, they probably spent anywhere from 8 to 15 hours in actual time. Whenever a lawyer is discharged from his duty, he has to basically show that he "earned" his fees. Attorneys (most at least) keep very very good records on how much time they spend on cases! (Even PACER lets you enter a code so that you can BILL it to your client. )

1. What is the Attorney's reason in the Motion for wanting to be done with you? (He has to list a reason, and it can't be just because he's done.)
2. At what point in your case are you?
   • Pre-Petition Filing
   • Pre-341 Meeting
   • Post-341 meeting / Pre-Discharge
   • Post-Discharge / Pre-Close
3. What was your terms of your Professional Service Contract?
4. Are you asking the Attorney to perform additional services not included in your contract?
5. Are you on-time with payments?
6. Have you missed any appointments?
7. Have you been slow in turning over documentation?
8. Have you fought with your attorney (argued)?

(Note: I see after adding this that he said "lack of cooperation". Sounds like you two are not compatible. He may be forced to continue to represent you, but that will be up to the Judge. "Lack or cooperation" can be for many reasons, including, but not limited to, failure to hand over documents in a timely fashion, being late or not showing up for meetings, past due payments (or disagreements on fees), etc. Attorneys can file such motions when their clients are uncooperative or refuse to work with the attorney, follow his advice, or are otherwise incompatible.)

[shabam]

I don't want to be judgmental but come on. On face value, when someone says they have had 5 lawsuits against them and those lawyers suck too, you have to ask what is going on. Were these guys the cheapest lawyers? What is the deal with them? In this economy, I find it hard to believe that a lawyer would just give up a case. Plus a divorce lawyer wanting to release you too.

What's the deal here? All of these different lawyers cannot be in the wrong.

[luvbluz2]

attorney wanting to fire client in b/k case

does he specify what he is claiming you did not cooperate about? (failed to follow Movant's instruction & advise) was answer
[COLOR="Blue"]He was out of town and the Bank started pinging my bank $35.00 at a time for this Bank was not authorized to do so nor had my signature to do so, causing checks to bounce, so i told bank to knock it off. my atty was again out of town and this he felt was breaking rule 4 i talked direct to my bank.
understand also, there are many other creditors, the other ones are fine.
yet this one bank, I had a loan of 87k and 60k, the bank states they sent it prmaturely off to collections. When I caught it (this is before I hired the atty) I went into the bank reminding them they had a CD of $73k and they seized the $73k, took away the 13k out of 87k bringing in down to 74k something. Yet the Bank screwed up and sent to a collection agency and admits to me they screwed up. I took the Bk courses and found i could go to FDIC, OCC, FTC and NTC where I filed complaints on my Bank for my bank took the money 4-07-09 of 73k+ and backdated it to 3-12-09 (backdating is not even legal) and have the balance of whatever in a 'collection agency'
I have no official statement from the Bank with the Bank letter head, nor any type bill, from collection company. they want me to make up a bill, yet I don't know what I owe them, where the 73K was truly applied to and want me to pay them $600.00 a month and now this is sitting in a 'collection agency' for the apprx 75k....So the FDIC are to come check this out 4 my request......just this nite i told my atty that the fdic will figure this out correctly, for the loan of the $60k was paid, the interest of $13k balance of cd worth 73K was also seized to pay on the $87k loan, yet paid 13k principle on the $87k loan, yet nothing is in writing. I just want a statement to have the judge see that's official in bk court. my atty got in the middle of it.....he says...keep me out//I do then again...yet, his nose can't stay out either for it is very very werid what this bank is doing. I told my atty let me handle this part.
did he or the trustee ask for documents that you have not yet given him?
no

not supplying documents is the only thing i can think of that could be called lack of cooperation. if that's what it is, give the documents to him right away, and he will take back his motion.

the only document which has taken me months to 'not even get yet' of bank problem loan is the only problem, and they are lying, when a bank cannot give you a statement of $$ events, like I have asked for for 3 months, on their Bank Letterhead,,,,,,,,,,,after asking them over and over,,,,,something is not right....there was a mortgage 87K and 60k = $147k, my bank for it was 2 months late sent my loan out to a 'COLLECTION AGENCY' This collection agency gets 50% for the bank, now the bank *****get this****upon my realization they had $73k cd, it was originally $60k on my home as cash built up $13k in interest, they send the 60k and 87k out to collections.
I even forgot, when looking back I realized this bank sent to collections my loan backed by cash to collections and my bank forgot this loan was secured.
if i did not catch it, they would never had said nothing, for they forgot, before I retained my atty, I was battling with the bank for a statement of transactions and still today I do not have one....now the collection agency is coming in on the balance of the $87k loan, now $74k for they used my 13k profit to take it down to somewhere about $74k, so I have begged and begged the bank to give me aN INVOICE OR STATEMENT OF EVENTS. mY ATTY KNOWS THIS, AND HE IS NOW UPSET THAT i FILED A COMPLAINT W/FDIC, OCC, FTC AND NTC

[luvbluz2]

attorney wanting to fire client in b/k case

does he specify what he is claiming you did not cooperate about? [COLOR="Purple"](failed to follow Movant's instruction & advise) was answer
[COLOR="Blue"]He was out of town and the Bank started pinging my bank $35.00 at a time for this Bank was not authorized to do so nor had my signature to do so, causing checks to bounce, so i told bank to knock it off. my atty was again out of town and this he felt was breaking rule 4 i talked direct to my bank.
understand also, there are many other creditors, the other ones are fine.
yet this one bank, I had a loan of 87k and 60k, the bank states they sent it prmaturely off to collections. When I caught it (this is before I hired the atty) I went into the bank reminding them they had a CD of $73k and they seized the $73k, took away the 13k out of 87k bringing in down to 74k something. Yet the Bank screwed up and sent to a collection agency and admits to me they screwed up. I took the Bk courses and found i could go to FDIC, OCC, FTC and NTC where I filed complaints on my Bank for my bank took the money 4-07-09 of 73k+ and backdated it to 3-12-09 (backdating is not even legal) and have the balance of whatever in a 'collection agency'
I have no official statement from the Bank with the Bank letter head, nor any type bill, from collection company. they want me to make up a bill, yet I don't know what I owe them, where the 73K was truly applied to and want me to pay them $600.00 a month and now this is sitting in a 'collection agency' for the apprx 75k....So the FDIC are to come check this out 4 my request......just this nite i told my atty that the fdic will figure this out correctly, for the loan of the $60k was paid, the interest of $13k balance of cd worth 73K was also seized to pay on the $87k loan, yet paid 13k principle on the $87k loan, yet nothing is in writing. I just want a statement to have the judge see that's official in bk court. my atty got in the middle of it.....he says...keep me out//I do then again...yet, his nose can't stay out either for it is very very werid what this bank is doing. I told my atty let me handle this part.
did he or the trustee ask for documents that you have not yet given him?
no

not supplying documents is the only thing i can think of that could be called lack of cooperation. if that's what it is, give the documents to him right away, and he will take back his motion.

the only document which has taken me months to 'not even get yet' of bank problem loan is the only problem, and they are lying, when a bank cannot give you a statement of $$ events, like I have asked for for 3 months, on their Bank Letterhead,,,,,,,,,,,after asking them over and over,,,,,something is not right....there was a mortgage 87K and 60k = $147k, my bank for it was 2 months late sent my loan out to a 'COLLECTION AGENCY' This collection agency gets 50% for the bank, now the bank *****get this****upon my realization they had $73k cd, it was originally $60k on my home as cash built up $13k in interest, they send the 60k and 87k out to collections.
I even forgot, when looking back I realized this bank sent to collections my loan backed by cash to collections and my bank forgot this loan was secured.
if i did not catch it, they would never had said nothing AND kept the 73K cd for they forgot, before I retained my atty, I was battling with the bank for a statement of transactions and still today I do not have one....now the collection agency is coming in on the balance of the $87k loan, now $74k for they used my 13k profit of 73K cd to take it down to somewhere about $74k,
What's weird is my bank was able to 'back date' the $73k cd they have and take it, yet they cannot get the other $74k cd back to bank, they have to leave in collection agency for some ungodly known reason we do not know of and neither one the Bank nor the Collector for the Bank will send me a 'statement' they want me to pay a bill, yet cannot produce me a bill? Does that make sense? NO, so today I told my attorney to quit crying and I'll take care of resolving this with my shootgun, yet he told me I couldn't do that legally, in seriousity, I don't own a shotgun, but i brought in the FDIC on them and I got a letter from FDIC and it stated they will look at it in 30 to 60 days on 6-24, on 6-27 the collectors are saying to my ATTY, THE FDIC ARE COMING, THE FDIC ARE COMING......how do i get a letter from fdic for them to arrive 30-60 days and with the collection jerks they are coming on Monday 6-29. I told my atty, let me handle these clowns until i get a 'bill' this he's crying about doing it, i tell him don't, i will....get the gist?
so I have begged and begged the bank to give me aN INVOICE OR STATEMENT OF EVENTS. mY ATTY KNOWS THIS, AND HE IS NOW UPSET THAT i FILED A COMPLAINT W/FDIC, OCC, FTC AND NTC[/COLOR]

[luvbluz2]

attorney wanting to fire client in b/k case

does he specify what he is claiming you did not cooperate about? [COLOR="Purple"](failed to follow Movant's instruction & advise) was answer
[COLOR="Blue"]He was out of town and the Bank started pinging my bank $35.00 at a time for this Bank was not authorized to do so nor had my signature to do so, causing checks to bounce, so i told bank to knock it off. my atty was again out of town and this he felt was breaking rule 4 i talked direct to my bank.
understand also, there are many other creditors, the other ones are fine.
yet this one bank, I had a loan of 87k and 60k, the bank states they sent it prmaturely off to collections. When I caught it (this is before I hired the atty) I went into the bank reminding them they had a CD of $73k and they seized the $73k, took away the 13k out of 87k bringing in down to 74k something. Yet the Bank screwed up and sent to a collection agency and admits to me they screwed up. I took the Bk courses and found i could go to FDIC, OCC, FTC and NTC where I filed complaints on my Bank for my bank took the money 4-07-09 of 73k+ and backdated it to 3-12-09 (backdating is not even legal) and have the balance of whatever in a 'collection agency'
I have no official statement from the Bank with the Bank letter head, nor any type bill, from collection company. they want me to make up a bill, yet I don't know what I owe them, where the 73K was truly applied to and want me to pay them $600.00 a month and now this is sitting in a 'collection agency' for the apprx 75k....So the FDIC are to come check this out 4 my request......just this nite i told my atty that the fdic will figure this out correctly, for the loan of the $60k was paid, the interest of $13k balance of cd worth 73K was also seized to pay on the $87k loan, yet paid 13k principle on the $87k loan, yet nothing is in writing. I just want a statement to have the judge see that's official in bk court. my atty got in the middle of it.....he says...keep me out//I do then again...yet, his nose can't stay out either for it is very very werid what this bank is doing. I told my atty let me handle this part.
did he or the trustee ask for documents that you have not yet given him?
no

not supplying documents is the only thing i can think of that could be called lack of cooperation. if that's what it is, give the documents to him right away, and he will take back his motion.

the only document which has taken me months to 'not even get yet' of bank problem loan is the only problem, and they are lying, when a bank cannot give you a statement of $$ events, like I have asked for for 3 months, on their Bank Letterhead,,,,,,,,,,,after asking them over and over,,,,,something is not right....there was a mortgage 87K and 60k = $147k, my bank for it was 2 months late sent my loan out to a 'COLLECTION AGENCY' This collection agency gets 50% for the bank, now the bank *****get this****upon my realization they had $73k cd, it was originally $60k on my home as cash built up $13k in interest, they send the 60k and 87k out to collections.
I even forgot, when looking back I realized this bank sent to collections my loan backed by cash to collections and my bank forgot this loan was secured.
if i did not catch it, they would never had said nothing, for they forgot, before I retained my atty, I was battling with the bank for a statement of transactions and still today I do not have one....now the collection agency is coming in on the balance of the $87k loan, now $74k for they used my 13k profit to take it down to somewhere about $74k, so I have begged and begged the bank to give me aN INVOICE OR STATEMENT OF EVENTS. mY ATTY KNOWS THIS, AND HE IS NOW UPSET THAT i FILED A COMPLAINT W/FDIC, OCC, FTC AND NTC[/COLOR]frig it was in the class you take when filing for bankruptcy....so i thought I'd have the FDIC do it 4 lawyer's wanted $25k just to read my documents....let the fed's read them 1st.

[justbroke]

Some attorneys want you to have absolutely no contact with any party to any proceeding in any Court with which they are the attorney of record. Suffice it to say, that the two of you don't see eye to eye, or there are terrible mis-communications.

This could be a term in your professional services contract. Since you didn't want to follow your lawyer's advice... he chooses to not get in the middle. I don't know if that's wise, prudent or otherwise.

[luvbluz2]

attorney wanting to fire client in b/k case

Yet understand, he was gone, checks where bouncing costing me serious damages, i had to stop it or It would have cost me more and more.
this is where he got pissy.
now he wants me to take over the FDIC trip w/bank -- yet he really wants t0be in it....cucu....

[music12]

it's a little hard to figure out exactly what happened, but it sounds like you were doing things as though you were not represented by a lawyer, and the lawyer doesn't like it. many lawyers are like this, i think: once they get a case, they think it belongs to them, not the client. some lawyers are good at listening to clients' needs, some aren't.

since you told him to stay out of it, he is really only doing what you asked him to do: withdrawing from representing you.

i know you only from your posts, but have you ever stopped to really listen to what he is saying? maybe he has some good advice and tactical suggestions?

also, since you will be discharging all the debts, who cares whether they have already been paid off? when you discharge, all debts, including disputed debts, go away.

oh: please don't use those colors in posting, it's next to impossible to read.

[HHM]

Also, keep in mind. It is very RARE for judges to 'force' attorneys to stay in a case. Attorneys are not slaves. The judge will usually grant the motion, then the dispute comes down to fees. That dispute usually ends up at the state bar fee dispuate mediation, not the court.
'

[AngelinaCatHub]

Also, keep in mind. It is very RARE for judges to 'force' attorneys to stay in a case. Attorneys are not slaves. The judge will usually grant the motion, then the dispute comes down to fees. That dispute usually ends up at the state bar fee dispuate mediation, not the court.
'

I agree with HHM, and now that you gave a vast amount of a bit convoluted information, I too had trouble with my lawyer. I DID listen to her, but she DID NOT tell me any information and I was totally ignorant.

Now my suggestion to you is this, once in front of the Judge or even before it goes to hearing, I would resolve your dispute with this attorney and advise him that you will cooperate with him from this point on if he will be a bit more accessible. After all, you are paying him for his profession. I am not qualified in taking my own appendix out, so I pay a surgeon to do this for me. I would not tell the surgeon on how to make the incision.

He can withdraw the Motion and if you had your 341, you are probably on the wait list to end all this anyway. Blaming him for not being there is not his fault as I am sure he has other clients and responsibilities as well.

Work above and beyond the "normal" is chargeable, but it is traditional to follow through until discharge and even close. If an AP comes up, that is above the norm and is chargeable. Make up with him is my advice, then relax and let time heal it. 'Hub