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    My Lawyer took me for a ride

    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!

    #2
    You can file a complaint against him with the Attorney Generals Office in your state.... they issue the liscense for the attorneys...

    Just go online - to you state govt. office and pull up the Attorney General...
    You will see a complaint dept listed...... and possible one for the Bar Association.....

    Remember everyone has a boss, makes no difference "who" it is......

    File your complaint, give all the particulars (that your attorney KNEW you had no job, etc, no way to pay a payment plant)... yet charged you for a 13 knowing you would have to file a 7.....

    Let the Attorney General handle it..... takes about 30-60 days to get a response.... You will get a letter from the Attorney General on what his actions were regarding the issue..... and he gives the Attorney so many days to "comply".....

    Keep us posted.

    Believe me, your not the 1st that an attorney has screwed over and won't be the last.....

    If you filed after October 15th, 2005 then your attorney is held liable for his actions completely.......
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      Thanks for the reply. When you say "held responsbile for their actions" do you mean that it is his responsbility to recomment the correct Bankruptcy Code depending on the clien'ts situation?

      The funny thing is, he made it sound like the Trustee was totally against BK filer's and wouldn't/didn't have my best interest in mind. But it appears that the Trustee was looking out for me more than he was.

      Comment


        #4
        I don't see why he wanted to take you in as a Ch 13 to begin with.

        As you already know, in order to Confirm a Ch 13, the Court has to reasonably believe you can make the plan payments. With no income, you cannot make plan payments.

        We here know that, and we're not attnys. DUH!!

        What this guy did was abuse his priviledges and your lack of experience and knowledge.

        Definitely do report him.

        He may only get a wrist slap now, BUT,.......... Down the road, if he continues to practice law this way and other people complain, this attny may get fined and/or loose his license to practice law in your State.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Well he told me that my case would be dismissed because I was a corporate officer of a company which has been out of business for almost a year.

          He said they would require so much paperwork from that company that I wouldn't be able to provide that the Trustee would dismiss my case immediately, leaving me with BK on my credit report and no relief from the debts.

          When I was sitting in the hearing, they brought each attorney up one at a time and all that attorny's cases were presented. So I was about the 5th client that day for my attorney.

          The case that came right before me was a case he filed for a Chapter 13 and ZERO percent payback. The Trustee literally lauphed out loud and dismissed the case.

          At that time, I got the sinking feeling that I was in trouble and that my lawer didn't know what he was doing.

          Why would he file a chapter 13 with a Zero perent payback? Makes no sense to me.

          Comment


            #6
            Be sure you let it be known to the Attorney General that the attorney suggested a Chapter 13, you paid for a Chapter 13 and the attorney KNEW you were a Chapter 7 because of no income for a payment plan in Chapter 13 ..... Demand some of your money back.....

            The Attorney General may make him pay back the difference since it was deliberately done to make the attorney money..... and more money to have to change to a Chapter 7.....

            Just a thought...
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment


              #7
              Thank you Minnymouth. I might, perhaps, wait until my case is over because I'm afraid of what he might do if I make him mad while he is still representing me.

              I've learned so much from this experience. I always thought being a lawyer was a higly respected profession (it used to be). But it seems they are just salesman now and don't look out for their clien'ts best interests.

              They should be held liable for dishonesty.

              Comment


                #8
                because the average laymen depends on them for their expertise. If you cannot trust your own lawyer, who can you trust?

                Comment


                  #9
                  Lawyers and Doctors BOTH - you best watch with eyes-wide-open!

                  Lawyers you hire for their experience and expertise. Doesn't mean you'll get it though. Their just like anyone else, good ones, bad ones.

                  Doctors make money off you being sick. The more you see them, the more they make. They get a kick-back off all pharmacy they write, so they keep that pad handy at alltimes, and really love the "good insurance" companies.

                  Doctors will "play" with things like allergies, because they know its a money making thing for them.

                  A $100.00 office call is not exactly "pocket change"....

                  Don't misunderstand me, there are good doctors also, just as there are good lawyers. Problem is - the bad ones out weigh the good ones.

                  Comment


                    #10
                    I guess after your experience I won't complain too much about my lawyer. We didnt have a conversion issue fortunately, but there was the implied threat; we had to face the dreaded U.S. Trustee because she challenged our case....our attorney did not charge us extra for that and he could have. He had no charisma and not much of a personality but bottom line was he got the job done...sorry you are going through so much.

                    Comment


                      #11
                      I guess we are very fortunate to have our attorney! While most want to go the chapter 13 route, even though we are over the income, ours is giving the chapter 7 route a try first because we have no disposable income. He said all they could say was no
                      9/28/06: Filed Chapter 7
                      10/25/06: 341 meeting Done!
                      12/25/06: Last day for objections.... Dear Santa, can we have a bk discharge for Christmas please?
                      1/12/07: Discharged & closed!!

                      Comment


                        #12
                        Stephie-Lynn,

                        Remember, paying for a Ch 13 includes paying for a 3-5 year commitment for a lawyer. He obviously did not earn his fee.

                        The actual fee to convert to a Ch 7 (in Colorado) is $15.00. Don't let him try to tell you it is for filing fees.

                        Not sure what the paperwork is like for a conversion, but if his paralegal is using Best Case or something like that, it will be a five minute process to change the program to say that you are Ch 7 instead of 13.
                        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                        Comment


                          #13
                          Originally posted by InLimbo View Post
                          I guess we are very fortunate to have our attorney! While most want to go the chapter 13 route, even though we are over the income, ours is giving the chapter 7 route a try first because we have no disposable income. He said all they could say was no
                          I like the attitude of your lawyer. A lot of lawyers won't take that chance since they can be fined for having someone file Ch 7 when they should be a Ch 13.
                          *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                          My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                          Comment


                            #14
                            Originally posted by Stephie-Lynn View Post
                            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.
                            How do you not have your social security card?

                            Um, when you file you get a letter from the courts in the mail advising you of your 341 Meeting date and to bring your SS card and picture ID.

                            Comment


                              #15
                              UM, yes, you are correct, however I did not get that letter until 2 days before the hearing and my original Social Security Card had be lost when my wallet got stolen and I hadn't had a chance to get a new one from SSAdmin.

                              When I did request a new one from the SSAdmin, it took over two months to get it, despite my calling almost every day to find out where it was.

                              So, UM, that is the story, as stated in my orginial post. UM.


                              Originally posted by tradewiz50 View Post
                              How do you not have your social security card?

                              Um, when you file you get a letter from the courts in the mail advising you of your 341 Meeting date and to bring your SS card and picture ID.

                              Comment

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