our update...

[Jhbk29]

Well we had our new 341 (for the conversion from 7-13) the chapter 13 trustee seems very nice. She actually was questioning our new attorney as to why he hasn't attempted to get our money back from the old attorney and she made light to the fact that orig attorney "screwed" us. She was talking to him about something with the US Trustee and filing a complaint or something about the old attorney the way acted was not in our best interest. (not sure exactly what she was saying because she was using big lawyer words LOL) When I hear more about that I'll let ya know. So far we have made two payments but still need to work out the kinks in our plan to set it up for the IRS taxes and such. Our new lawyer mentioned to dh that we might want to sue our old lawyer for screwing up as well as the lawyer we used when we sold our house in another state. (the NY lawyer didn't put the lien on our house down here and that screwed us up with the homestead exemption) We have had a very funky case so far so I hope all just ends well. Thanks eveyrone for all their advice. I hope that you guys don't mind that I have still posted on the "7" board instead of the 13. This is where I started posting about our case so I didn't really want to switch

[Minnymouth]

Thanks for updating us....
Sounds like things might be "taking care of themselves" for you..... sounds like your trustee might be one with some "sensitivity" and that's a PLUS.....
She seemed to have your best interest at heart also...... (the remark about your old attorney).....

Yes now, attorneys are held responsible for their actions....

I would ask for a refund, no reply, then file a complaint with the state liscensing board and request a refund thru them..... bet you will get it.....

Minny

[Jhbk29]

I would ask for a refund, no reply, then file a complaint with the state liscensing board and request a refund thru them..... bet you will get it.....

Minny[/QUOTE]

See Minny the 13 Trustee told our new lawyer that HE needs to write the letter demanding the money back to us. (and if he felt uncomfortable doing it that she would do it for him) LOL I really believe that everything will work out in the long run because this lady seems to know that we got screwed!

[Minnymouth]

Okay,
Now you need to bring the subject up with your new attorney (since the Trustee did) and tell him to request your money be refunded to you... (his friend or not).........
In fact you can request it yourself from the old attorney, but better that your new one does it.
Lots of attorneys make money this way, then never return it.....
All he should be allowed to keep is the filing fees....... that's it....

And yes, the Trustee can demand it be returned - it's part of your estate and "cash" to her...........lol....

Keep me posted....

[anonymuse]

See Minny the 13 Trustee told our new lawyer that HE needs to write the letter demanding the money back to us. (and if he felt uncomfortable doing it that she would do it for him) LOL I really believe that everything will work out in the long run because this lady seems to know that we got screwed!

And we'll see how big a heart the trustee has when the money comes back and determines who gets it!