I recently filed for BK. I am unemployed and have been for sometime. I've mailed out and applied for over 600 jobs in the last 8 months. I ran though my unemployment compensation, my savings and my credit cards.
When I first went to see my attorney, he told me I had to do a Chapter 13 because I was a corporate officer in a corporation within the last 5 years. He said that if I didn't file a chapter 13 the Trustee would want all the records and books for the corporation (which has been out of business almost a year). He said I would be required to submit so much documentation that I probably couldn't provide and the Trustee would probably dismiss my case.
So, I followed his legal advice. (he as the 2nd attorney I had met with that sort of told me the same thing).
His fee was paid $3,000 to file the Chapter 13. At the 341 hearing the Trustee yelled at me in front of every one because I didn't have my social security card. I never got notice that I need the original until 2 days before the hearing (in a letter from the Trustee). I told my lawyer I didn't have it and he told me to bring anything that had my social on it. It was horribly embarrassing to be scolded by the Trustee at the hearing and my Lawyer knew better. He should have informed me well in advance of the hearing that I needed that so I could have requested a copy of it from the SSAdmin.
Anyway, at the 341, the Trustee looked at my Lawyer and said "this person has no income, no assets and no means by which to pay back a Chapter 13 Plan" and asked him why I was in a 13. He just shrugged his shoulders. The Trustee has motioned to convert my case to a Chapter 7.
So great, I convert to a Chapter 7 and get a discharge and I'm debt free.
Here's the kicker. My attorney now wants $750 to do the conversion from a Chapter 13 to a Chapter 7.
When I reminded him off all the reasons he first gave for the reason why a 13 was more appropriate for me than a 7, he said, don't worry about anything, I'll have you completely discharged in 60 days.
Of course, he means after I write him a check for another $750.
So the total cost of my BK is $3750 and it appears that a Chapter 7 would have been more appropriate to begin with. I think he knew it. I think he took advantage of me while I was down and only recommended the 13 so he could get a bigger fee. His fee for a 7 is only $1100.00 straight up. he knew darn well I would have gotten through a 7 without issue.
At this point, I have no choice other than to pay the ransome because I've called like 5 BK Lawyers and none will even talk to me because I'm already officially represented.
This guy is a crook. Is there a way to prove it? Can I report him to the BK court and or the Bar Association and possibly get my fees back, or at least the difference between a 7 & 13.
It appears to me, he knew exactly what he was doing and I bet he does it to all his client's. I feel so taken, so ripped-off!
When I first went to see my attorney, he told me I had to do a Chapter 13 because I was a corporate officer in a corporation within the last 5 years. He said that if I didn't file a chapter 13 the Trustee would want all the records and books for the corporation (which has been out of business almost a year). He said I would be required to submit so much documentation that I probably couldn't provide and the Trustee would probably dismiss my case.
So, I followed his legal advice. (he as the 2nd attorney I had met with that sort of told me the same thing).
His fee was paid $3,000 to file the Chapter 13. At the 341 hearing the Trustee yelled at me in front of every one because I didn't have my social security card. I never got notice that I need the original until 2 days before the hearing (in a letter from the Trustee). I told my lawyer I didn't have it and he told me to bring anything that had my social on it. It was horribly embarrassing to be scolded by the Trustee at the hearing and my Lawyer knew better. He should have informed me well in advance of the hearing that I needed that so I could have requested a copy of it from the SSAdmin.
Anyway, at the 341, the Trustee looked at my Lawyer and said "this person has no income, no assets and no means by which to pay back a Chapter 13 Plan" and asked him why I was in a 13. He just shrugged his shoulders. The Trustee has motioned to convert my case to a Chapter 7.
So great, I convert to a Chapter 7 and get a discharge and I'm debt free.
Here's the kicker. My attorney now wants $750 to do the conversion from a Chapter 13 to a Chapter 7.
When I reminded him off all the reasons he first gave for the reason why a 13 was more appropriate for me than a 7, he said, don't worry about anything, I'll have you completely discharged in 60 days.
Of course, he means after I write him a check for another $750.
So the total cost of my BK is $3750 and it appears that a Chapter 7 would have been more appropriate to begin with. I think he knew it. I think he took advantage of me while I was down and only recommended the 13 so he could get a bigger fee. His fee for a 7 is only $1100.00 straight up. he knew darn well I would have gotten through a 7 without issue.
At this point, I have no choice other than to pay the ransome because I've called like 5 BK Lawyers and none will even talk to me because I'm already officially represented.
This guy is a crook. Is there a way to prove it? Can I report him to the BK court and or the Bar Association and possibly get my fees back, or at least the difference between a 7 & 13.
It appears to me, he knew exactly what he was doing and I bet he does it to all his client's. I feel so taken, so ripped-off!
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