what now

[buckaroo]

quick recap of my situation, 74 years old, live on social security, no assets what so ever, contacted attorney june 2005 finished paying him $2000 august 2005, he never filed until aprtil 2006 telling me to my advantage to wait for new laws, put me in a 13 for 3 years at $560 monthly just made 22nd payment, , situation has changed financially due to medical problems, , need cataract surgery and extensive dental costin in excess of 3 grand, made several telephone calls to attorney right around dec 20, he never returned calls, finally called and asked to send me my files, then another attorney called from that firm, explained my situation to her, then followed with etails in writing, that was 4 weeks ago, now still have not received any infor from the firm, left messages again gone unreturned, i guess i must retain a differnt attorney since they appear not to give a dam, they got my 2 grand, screwed up the failing by waiting for new laws oct 2005 put me in a 13 when from everything i read i should have been in a 7 to begin with, suggestions on where to go from here

thanks

[bmcmull]

quick recap of my situation, 74 years old, live on social security, no assets what so ever, contacted attorney june 2005 finished paying him $2000 august 2005, he never filed until aprtil 2006 telling me to my advantage to wait for new laws, put me in a 13 for 3 years at $560 monthly just made 22nd payment, , situation has changed financially due to medical problems, , need cataract surgery and extensive dental costin in excess of 3 grand, made several telephone calls to attorney right around dec 20, he never returned calls, finally called and asked to send me my files, then another attorney called from that firm, explained my situation to her, then followed with etails in writing, that was 4 weeks ago, now still have not received any infor from the firm, left messages again gone unreturned, i guess i must retain a differnt attorney since they appear not to give a dam, they got my 2 grand, screwed up the failing by waiting for new laws oct 2005 put me in a 13 when from everything i read i should have been in a 7 to begin with, suggestions on where to go from here

thanks

You need to consult a new atty. They all should be sank in the bottom of a river somewhere. I would go through the medical proceedure and then convert the 13 to a 7 with the new medical bills. It will cost you 2k again but you would be in a better place when it was all done. I am not sure if it could be done that way but I would askl.

[bmcmull]

Plus at 74 what could they possibly hope to get from you. It would be pretty messed up if they took your SS check. If you truly have no assets I am not sure they would have any recource against you.

[buckaroo]

definately no assets what so ever, do i have any recourse against the law firm which happened to be legal helpers

[bmcmull]

Probably not. Proving your situation would be hard. You should be on cruise control at this point in your life not dealing with this. nI would contact another atty and explain your whole situation to them, and try to convert your 13 to a 7. With no assets and only SSI for income you are prettymuch sue proof..... Unless its the IRS those guy's are worse than atty's......... Good luck to you

[buckaroo]

do not owe irs anything, would it have been to my advantage had the attorney filed pre oct 2005 instead of his suggestion wait for new laws since would be adventageousof course thats all water over the dam but think they really screwed me by not filing prior to oct 2005 changes, o well live and learn even at my age, learn something new everyday

[woeisme]

buckaroo,

If you have no assets, and all your income is from SS, then I don't see how any of your creditors can ever get a dime from you unless you give it to them voluntarily, which is what you are doing in your CH 13. I guess I'm wordering why did you file if you are virtually judgement proof? They can't take your SS check, that I know. Do you get a pension that is garnishable? I'd definitely seek a new lawyer to get your case converted to a CH 7 if that is the case. You might have to send your former lawyer a letter firing him first for another to take your case, but it sounds like you might have already done that if you asked for your file to be returned. I don't know if you can sue a lawyer for damaged for bad advice, but yours sure steered you wrong if he had you wait until after the new laws took effect, because everybody knew the new laws were going to be a lot tougher and less advantageous to the debtors. It really makes me mad when I hear a case like yours, because I think you are the type of person the BK laws are meant to protect, and here they screwing you over instead. Best wishes to you, don't know if you're a religious person, but I'll be praying for your situation.

[buckaroo]

thank you woeisme, i filed because i thought that was the thing to do, yes i do get small pension of $452 monthly that and ss only income, did not fire lawyer yet, when i requested my file is when they returned my 6 previous calls, explained the situation, documented and sent to them that was a month ago, have called several more times but again not the courtesy of a return call, they must be pretty busy huh

[coma]

I'd fire the attorney, also. We filed old law, the trustee objected, and we hired an attorney who did not help us fight the objection, but promptly collected $2500 and put us in a 13 we couldn't afford. We moved, lost income, an converted abck to a 7 by ourselves. At our last 341, the trustee told us that we got a bad deal, and we're set to discharge Tuesday. This is my clumsy way of saying that I feel your pain, and you have to look out for you...

[bmcmull]

It sounds like converting to the 7 is the thing for you. I am not sure you even have to fire your atty. THe only thing I can think of was he wanted you in a ch13 for money purposes. Maybe his fees where more for that deal, or maybe he was just backed up and needed time so that was how he strung you out. I dont think a judgement can touch your pension or your SSI. Maybe you shouldnt even go to a 7 just let it dismiss and keep your money. YOu got a bad deal and from where I stand, you have done your share for society, i am sure you have worked your entire life, and there are a lot of people that skim by on the system you helped fund. Good luck to you and god bless.

[truckerswife]

Legal Helpers, in my opinion, is a big rip off. We paid them $1350 (of the $3800 total they were charging up). We were making payments for 1/2 and the other half was to be included in our 13 for payments. Luckily I got hired on full time at the company that I had been a temp at for a year. They had a legal plan in their benefit package. I pay $4 a week for it. I called and got an attorney that would have only charged $1250 but with my legal plan didn't charge me anything. We went to our 341 with no problems and then confirmed without any problems. We tried to get our refund from Legal Helpers (which the contract states we could). They only returned $600. They said the rest was for time spent. They gave a break down of the time spent. Do you know they charged us 24 minutes for them sending us letters stating we could use our tax refund to pay them? Sorry for rambling they just make me so mad. And their attorney talked to us like we were dirt when we went for the consultation. I don't recommend them to anyone.

[lrprn]

Buckaroo, contact the attorney general in your state and report this situation. Given what you've told us about your financial situation, what the Legal Helpers lawyers have done in this circumstance is legal misconduct. Here's the link for who to contact in your state - search for or scroll down to your state - http://www.nbtanet.org/public/discipline/index.shtml

Keep us posted on what happens, ok? I'm so sorry to hear about what's been done to you by this bk-ignorant or self-serving lawyer. Horrible thing to do to someone already swirling the drain financially. Hope the legal authorities in your state goes after Legal Helpers for what they've done to you.

[buckaroo]

irprn, appreciate your suggestion will follow thru on that, after reading various posts and checking on line scources, realize that i should have never been put into a 13, , no assets, social security, small pension only income, unfortunately cost me over 11 grand before i came to this conclusion, can understand why attoprney from legal helpers continues to ignore me, will keep you posted irroonically, have a son who is a partner with large law firm in a different state, but have not bothered him with my problems, feel like i have really been had by legal helpers again tanks for advice

[buckaroo]

well its now over month since i have heard from attorney, sent in all the information as to my medical problems and expenses, i have emialed them faxed them called them and nothing not even he decency of a reply whatsoever, next step gert my records from them and seek new attorney, i am so frustrated, they certainly are not proffessioanl, thanks for listning

[Minnymouth]

You need to contact the Attorney General in your state, tell them the situation at hand, let them get your records back for you, and possible file charges of mis-conduct with the Attorney Generals office against them.....

Keep us posted....