A Complex Situation

[cana]

Waiting in the 60 days club is not pleasant, but incomparable to before Ch7.

Now, one thorny matter has manifested itself. An attorney, to whom I had been paying a settlement of $360 per month on behalf of a CC as a settlement (but which debt was included in the CH7) , is calling me again.

What should I do? I don't want to annoy my attorney since I don't think he is interested on me any more.

Will sending them the bankruptcy file notice suffice? Or should I do more?

Thank you.

[StaciMM]

You should contact your attorney-this falls under the umbrella of what you hired him for. They should not be contacting you at all, as the automatic stay is in effect.

You paid your attorney for services, you shouldn't feel like you are annoying him. Rather, you should insist that he handle your questions and earn his pay.

Did you receive a copy of your petition? Check & make sure the creditor was listed.

[AAAArt]

What should I do? I don't want to annoy my attorney since I don't think he is interested in me any more.

Cana, I am not trying to single you out, but I have noticed that this is a common, IMHO, fallacy.
Atty's never "really care about us". They care about facilitating justice, providing legal advice, representing us in court and getting a fair payment for their services based upon their years of schooling and experience.
We sould not confuse them with friends who care about us or spiritual leaders r counselors who are compassionate by nature.
An Atty. figures that a Bk will consume x amount of hours and charges appropriately. Some take less, some take more. For the most part, once the 341 is over, their work is over.
Now, having said that, you don't need to consider at all whether or not your atty is "interested in you". You paid her/him a fee that they set. The fact that your Bk is one of those that had a "wrinkle" in it and may take some more time should already have been factored into the overall scheme of their billing.
We all should get over wondering if our atty likes us or not. We all are going through difficult emotional times and everyone wants to be liked. BUT...THIS IS A BUSINESS RELATIONSHIP! NOTHING MORE AND NOTHING LESS.
Don't abuse it by trying to get your atty to be your best friend/ confessor/confidant/counselor and lifeline to sanity.
We honor our part of the "contract" by honestly filling out our forms and responding to their inquiries in a timely manner. They honor their's by representing us legally.
In this case it seems to me that your atty's "legal duty" is not yet fully dispensed.
Lawyers get paid to think and to argue. This often is the opposite of what makes Warm Fuzzy personalities.
Would you hesitate to call your auto mechanic because they might have grease on their hands and not want to answer the phone or plumber because they might be dirty and not want to be seen.
Please, all of us, let's get over the "like" thing w/ our lawyers. Don't bug them unnecessarily and use up their "billable" time and don't be afraid to bug them if it is needed.
Your attorney is not paid to like you or be "interested" in you or your case, but they have been paid to see it out til the end.
Good Lord, if we all just did the interesting parts of our job, think about how much would go undone. Art

[bkfiler]

aart is right. get the attorney to do what you want him to do. you pay him. its up top you to get him to do everythign possible for that money. he will stop when he thinks its too much. pressure him. its a business for you too.

for example: if you paid a painter to paint your property. the painter thinks it means your house and you think it includes the dog house too then demend that it get painted as well and see what you can work out so to speak.

[cana]

OK. I will let the attorney know.

Since the debt was included in the filing there should be no problem by itself. Guess I have simply heard too many horror stories of people whose attorneys are not calling back once the 341 is over...

[Genenco]

I think that's a new thing that should be told to new Bk'ers.

Getting some sort of "I pay you and you'll do this" sort of thing with "If things get complicated, you'll do this and I'll pay this" sort of agreement with the lawyer.

That way, you have recourse, the lawyer knows what they agreed to and thus, you can contact them state what it is and they should work it out, or you have them out on the street!

[AAAArt]

I think that's a new thing that should be told to new Bk'ers.

Getting some sort of "I pay you and you'll do this" sort of thing with "If things get complicated, you'll do this and I'll pay this" sort of agreement with the lawyer.

That way, you have recourse, the lawyer knows what they agreed to and thus, you can contact them state what it is and they should work it out, or you have them out on the street!

This should have been spelled out in the retainer agreement you signed. Mine was. Art