Need Advice...my attorney has abandoned me and my case is closing?!?

[Bloodflowers]

I will try to make this as straightforward as possible, and I appreciate your advice.

Filed Chapter 7 on 12/9/10. No asset case.
341 held 1/12/11. No problems or objections there.
Deadline for creditor objections was 3/14/11. None filed.

The problem? My attorney did not file my education certificate. Ultimately, the court has given me the deadline of 4/29/11 to file it or have the case closed without a discharge.

My attorney has not been in contact with me. I was referred to him through my legal plan at work. I have reported my issues with the attorney to the legal plan, and they said it wasn't really feasible to get another attorney, and thus they have been trying to help work things out with the attorney. He has spoken to them over a month ago and fed them a complete line of B.S?, said he had been out sick, etc. Well, that doesn't account for weeks and months of NO contact with me. I have emailed and called a million times. Nothing. I feel like I'm going to lose my mind.

So....my basic questions-
I have 2 cars, and have only received a reaffirmation agreement for one of them. I signed the agreement and returned it to the attorney but he has not filed it. Do I absolutely have to have agreements for the cars? We were not behind on payments and have continued to pay, always stated the intention to keep them.

What happens if my case gets closed without a discharge? I am gathering it takes $$$ and a motion to request the case be reopened. Do you have to file all new paperwork, new means test for the past 6 months, or is the old info fine?

Finally, given the absolute incompetence of the attorney, should I try to file the education certificate myself?

Thanks for listening everyone!

[free2breathe]

Do not let your case get closed without a discharge....it will cost you $260 to reopen it if you want relief from your debt. Go ahead and file the B23 Debtor's Certification of Completion of Instructional Course Concerning Financial Management yourself. It's an easy process. You just submit your certificate with that completed form B23 to the clerk at the bankruptcy court. If the clerk questions it (which I'm pretty sure they won't), explain what your attorney has done.

As far as the vehicles go, as long as you stay current with the payments, you shouldn't have a problem keeping them.

Most importantly, take a deep breath and tell yourself you're going to get through this.

[AngelinaCatHub]

It is a simple solution. Take the copy to the Courthouse, register it with the bk clerk and on the spot you will get an automatic discharge and close. That was all that was needed and if you have not passed the timeframe it will happen then. You can reaffirm with the bank directly by going there and signing the paperwork. You don't need an attorney but I wouldn't even do that, just stay current on payments. THEN I'd contact the CA Bar Association, the lawyers Bar number is on your paperwork and take him to task with the California Bar. That is the only way to stop another poor soul from getting screwed over. Do that for sure and demand your whole payment back for his malfeasance. 'Hub

[ssmdem]

I agree with the above!! Nothing irritates me more than people making excuses for their laziness!! If you're going to get paid to do a job -- then DO IT!!

[nokia123]

I took my certificate to the courthouse myself. I just wanted to make sure it was done.