Discharged today but need garnishment help!

[bkfiler]

i want to point out that i have been recommending everyone that thinks they have found an attorney they like to call a few times after that and ask followup questions over the phone. this can help see how they handling the situation such as this. it cant hurt to try. if it turns out bad then its only gonna get worse after they get your money. we all know that lol.

[bkfiler]

something else to read about. i hope it gives a feeling of what to expect from an attorney:

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MARK WILLIAM LALLY [#137403], 35, of Anaheim was suspended for two years, stayed, and placed on two years of probation with an actual 90-day suspension and until he makes restitution. If the actual suspension exceeds two years, he must prove his rehabilitation. He also was ordered to comply with rule 955 and take the MPRE. The order took effect Jan. 4, 1998.

In a default matter, the State Bar Court found that Lally committed multiple acts of wrongdoing in three separate matters: he failed to communicate, perform legal services competently, return files and unearned feesmisconduct in four consolidated cases.

In a marital dissolution, she

[bkfiler]

my point is that we should all expect our attorneys to return our calls. you can see it is misconduct if they dont. dont feel put off by them. go get what you need to help yourself. its your right.

will he get disbared for not returning your phones calls. probably not. is he required to do so and answer your questions. yes.

[BKConfused]

Unfortunately my attorney did not exactly spell out what was included in our bk. He does have an ad in the yellow pages saying " STOP GARNISHMENTS" What a joke because that it didn't say STOP GARNISHMENTS but we charge extra for that! It is not the amount of the garnishment payments that slipped by as it is only about $70.00 or so it is the point! The money is not the creditors because we were under a automatic stay. It never should have happened or the lawyer should have filed a motion to show cause and have the creditor explain to the BK court why they were violating provisions of the Bankruptcy code. I wonder if I can file a motion to show cause against the creditor pro se? I couldn't do any worse than my attorney. I think the creditor would be responsible for damages including filing fees. I don't care about monetary damages except for her garnished pay amounts and fees for filing the motion.

[bkfiler]

you will get the money back. i guarnantee it. or your money back

[BKConfused]

O.k. BKFiler I'll hold you to that I shouldn't let that annoyance of getting my money back distract away from my discharge

[FilingOnMyOwn]

But follow up on that attorney. Keep records of your attempted contacts. For an attorney to be suspended for not doing his job, defaulting on his loans and credit cards would shape him up in a jiffy lol

[BKConfused]

BKFiler,

Check this out. I didn't notice until this morning on PACER. Kind of shows how my attorney is responsible:
Memorandum of Apparent Deficiency

Memorandum of Apparent Deficiency: A filing fee of $26.00 is Owing for the Amended Schedules D and F that you filed on 1/11/06. If the payment is not remitted to the Clerk of Court within 48 hours, your CM/ECF privileges will be temporarily suspended. YOU MAY WISH TO AMEND YOUR DOCUMENT. PLEASE DO NOT REPLY TO THIS EMAIL. (RE: related document(s)[8] Cover Sheet for Amendments (Fee), Cover Sheet for Amendments (Fee)

I paid him $120.00 to amend the schedule and he has not paid the fee.

[bkfiler]

so then you paid your attorney $120 to collect the garnished wages?

[BKConfused]

No sorry for the confusion. I paid him $120.00 to amend my schedule because he forgot to add the creditors to my schedule F. It took him until Jan 11th to do that and my 60 days were up Jan 15th. Talk about cutting it close. When I logged on to PACER it showed the memorandum of apparent deficiency for the amended schedule. Just wanted to show his attention to my case.

[bkfiler]

you paid him more money to amend your petition because he forgot to file the list of creditors? why would you pay him for his mistake?