Incompetent Attorney

[INA8791]

Hi All,
I just finished with my bankruptcy about a month ago. I found out today that my auto loan (which I had STRESSED continously I did NOT want to include in the bankruptcy) that my auto was discharged on my bankruptcy, I am allowed to keep the car and continue to make payments but it shows on my credit report as a negative and i will not get any "credit" for paying on time every month. I was told that they sent 2 notices to my attny. I then contacted him about this and he told me he doesn't like to sign those, but shouldn't it have been up to me or at least he should have consulted me about it, I didn't even know about the agreement that was sent to him until yesterday and now it's too late. His response was basically "oh well, can't do anything now" AHHH
What can I do?? Anything???

Thanks!

[LostinMi]

One positive way to look at your situation -- if something happens to your vehicle and you decide not to keep it, just stop making payments and they can come take it and then you won't be held liable since it was included in BK.

I think many people feel the advantage of being able to do that outways the positive credit impact this may have on your scores.

[Mysocalledlyf]

Yeah, that is the bright side..(from the post above)...the bad side is, keeping your car would have been a great way to re-establish your credit..so basically now your just paying to drive the car until it's paid off.

[INA8791]

Yeah, that is the bright side..(from the post above)...the bad side is, keeping your car would have been a great way to re-establish your credit..so basically now your just paying to drive the car until it's paid off.

Exactly, that is why I wanted to keep it the same so I could use it to help establish my credit. My car is a 2004 and I NEED to keep it so I wasn't planning about giving it back if something happens to it. It is covered on insurance and warranty so I would rather have it in good status to help my credit.

[Lightning]

You can't exclude a car loan from a bankruptcy. All debts must be included. You could have looked into reaffirming if the financing company would have agreed to report the trade line positively.

[INA8791]

You can't exclude a car loan from a bankruptcy. All debts must be included. You could have looked into reaffirming if the financing company would have agreed to report the trade line positively.

Yes this is the paperwork that they sent my attorney, who failed to even notify me about it, or ask me what I would like to do with it. I did not even know he received such an agreement to begin with until I seen the charge off on my credit report, which then I called my bank with the auto loan and they told me they sent him 2 notices and didn't hear anything

He was very bad from the start, he pushed my filing paperwork off almost a year telling me "there were more important cases ahead of mine" and even time I needed to call him he would speak over me and not remember one thing about my case. I had to tell him everytime who I was, where I worked, etc....

[Minnymouth]

Sounds like you found you a "dip-shit" of a lawyer too!!!
Yes they are out there, so BEWARE....

Mine made sure I didn't know about things, and let them slide by causing a judgement against me.

You all better "watch" your lawyers, and follow along behind them in what they do. They are supposed to be working in your "best interest to the best of their ability".... But some don't.

Minny

Minny

[AAAArt]

Ina, Just so we'll all know, did you ask your bank if you could re-affirm. Does anyone know what the date for re-affirmation is? Is it the 341 meeting or the discharge or when? TIA, Art

[Minnymouth]

You have to reaffirm or redeem BEFORE discharge.....

My lawyer failed to tell me this also...... seems like a trend here....

Usually the paperwork is sent to your lawyer before the 341 meeting the then the creditor comes to the 341 meting and they are signed. Sometimes the Trustee handles the signing part at the meeting for the Creditor.

Minny

[crackerbear]

My lawyer actually gave us our reaffirmation agreements for both vehicles and we signed both and sent back to our lawyer. Lawyer was going to hold them to make sure their was no problems with the payment amount for one of them - a little high. After their was no objection at our 341 by the trustee, our lawyer was supposed to send them in. Of course, that did not happen. After our discharge, I called Ford Credit (both auto loans) and asked when I would start receiving our statements again. They said never got the reaffirmation agreements, so no statements and no "good" reporting to the credit bureaus. Of course we were upset, but there was nothing we could do. Called lawyer and they found our reaffirmation agreements in our file, but nothing could be done. During all of this, never late with Ford, the people at Ford Credit acted like jerks. So we talked with our Credit Union and got preapproved for an auto loan. We went out, found a car, financed through CU with same interest rate we had through Ford and a lower payment, and then told Ford to come and get the car. And this was only a few months after discharge and we could show good credit on the credit reports. Got a notice later on and Ford sold it for $7000 less than what we owed and we didn't have to pay the difference. They should have taken the reaffirmation agreements. As for the other car, we refinanced that about a year later with our CU so we could be done with Ford once and for all and show some more good credit.

[INA8791]

Ina, Just so we'll all know, did you ask your bank if you could re-affirm. Does anyone know what the date for re-affirmation is? Is it the 341 meeting or the discharge or when? TIA, Art

Yes I spoke with them today, they are telling me the only way I could do it now is by reopening my case or refinancing. They don't offer refinancing and of course because of the bad credit, I'm denied everywhere else. My bankruptcy is already discharged, I went to court in July and it was discharged last month, the way I found out about this was by running a credit report. If I had not have ran the report I would have never known.
I was told by my auto loan bank you have to complete the reaffirmation before the bankruptcy is discharged,

[Minnymouth]

Yes - the things the lawyers don't tell you!

Learn a lot from this board, and keep an eye on that lawyer.

Minny

[StaciMM]

The bottom line is that even if you have an attorney, it is best to learn what to expect every step along the way.

Of course you shouldn't HAVE to, but since the end result is more a problem for YOU than your attorney, you can't afford to NOT know what is going on.