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Attorney Problems- Not moving frorward

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  • Attorney Problems- Not moving frorward

    Here's my situation. I'm in a Chapter 13, filed in Oct/2016, Confirmed Feb/2017. My attorney is paid in full through a legal plan I have at work, which could be the problem to my situation.
    I have received an inheritance in which I should be able to pay off my bankruptcy early. I won't go into all of those dragged out details, thanks to this law firm that I have, but my question is the following. Has anyone ever had their attorney delay in taking a payoff payment to end a case early? What could be the reason? I've got conflicting amounts that I owe both including the Trustees %, unanswered e-mail and phone calls from this attorney office, and when I try to talk to my Trustee office they won't give me any information and state I have to go through my attorney who I'd like to fire . Does anyone have any suggestions or insight I would appreciate it.

  • #2
    Yes, you must go through your attorney because you are represented. Paying off early typically includes the payment 100% of the allowed unsecured claims plus the priority claims. The Trustee's percentage (up to 10%) is an administrative claim. You must pay the Trustee percentage on top of the amount to payoff the plan.

    I still could not understand, from your post, what your true issue could be. Did you already submit a payment to your attorney, yet your attorney has not paid the Trustee, or are you asking about what your payoff amount could be. The Trustee's office calculates those payoff amounts and that can take time (as they must audit the case).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      As alluded to by JB, this is not complicated. To pay off the Plan all it takes is a letter to the Trustee requesting a payoff statement. The Trustee will issue such a statement and it will tell you that the amount is good through a date certain. You then send payment to the Trustee.

      Send your attorney a written request that he obtain a payoff statement from the Trustee. If you get no response then send the request directly to your trustee.



      • lightning65
        lightning65 commented
        Editing a comment
        So should I had received the letter from the Trustee or just my lawyers office? I never received anything and wondering if they even contacted the Trustee's office hench the 2 different payoff amounts by which the 2 different attorneys came up with their own payoff numbers. Thank you for your input.

    • #4
      Thank you for your responses. To clarify, yes I am in a 100% payback and my Trustee's is 7.5% I am aware of this.

      My question was, Has anyone ever had their attorney delay in taking a payoff payment to end a case early? My attorney is already prepaid for their services.

      I have talked to 2 different attorneys at the office with 2 different amounts in which they stated they received from the Trustee. There was a $7,000.00 difference in the two payoff amounts.


      • #5
        The payoff statement needs come directly from the Trustee as the Trustee is the disbursing agent and is the only one really qualified to give the information. When my clients want such a statement I send an email to the Trustee requesting it. It takes me less than two minutes to do this. Within a week or so I get a reply and then forward that reply to the clients. It takes less than a minute to do this. This is not rocket science. Go back to your attny and have him get the statement from the Trustee. If he won't do it then you contact the Trustee and yell at your "attorney" for not properly representing you.



        • #6
          As Despritfreya wrote, this should be in a writing. Since you are represented it should be sent to your attorney. I don't know why you asked twice, but I would ask if it's in a writing and then pay the amount that the Trustee office calculated. If their last calculation is $7,000 less than another calculation, pay the one in the writing (and with the lower amount). If the audit reveals that the amount does not satisfy the plan, then you'll need to pay more.

          I don't know where the delay could be? You asked for the payoff amount and receive the amount to pay. You would then send the amount to the Trustee, not your attorney. What am I missing?

          (Des was replying at the same time!)
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #7
            Thank you for your responses. Dealing with this lawyer and his office has been nothing but frustrating throughout my whole bankruptcy. Yes, it should be a nice and simple request getting an amount and paying it, but apparently IT IS rocket science for THIS lawyers office. I have made upteen phone calls with the promise that he would get back to me by the end of the day and guess what, he does not. I've sent e-mails, little or no response. I've set up appointment to see my original lawyer and surprise, it's someone else there, another lawyer, and I have to repeat my notification of getting an inheritance and wanting to pay down or off my case. This has been going on from day one of my case with different matters. I think I am going to make an in office appointment once more to see if I can get this current problem resolved and if not get fire this lawyer and use some of the inheritance money to hire a new one. Or maybe I will just get a new lawyer and save me some grief. Thank you for your input and your quick responses once again.


            • #8
              lightning65, I can understand your frustration! I think you are on the right path by scheduling an appointment and trying to get it resolved through the current attorney. I also agree that you may need to kick this one to the curb and seek another attorney that can help, at least, close out the case.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              I am not an attorney. Any advice provided is not legal advice.


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