Can't find my attorney

[arl2005]

Does anyone have any suggestions for us? We selected a bk attorney, paid the downpayment (balance was due before our first hearing), he prepared the petition which we went into the office and signed (we were given a copy of the completed petition at that time). We were told by the attorney that he would file it the following day and that we would receive our notice of filing from the US bankruptcy court in approximately two weeks and our first hearing would be in approximately 6 weeks. That was October 11th (petition to be filed October 12th). We have heard nothing from the court, and nothing from the attorney. We have left repeated messages, mailed him a certified letter (which was never signed for), the office is there you can see in the windows and everything looks normal but there is just never anyone there. We have no idea what to do next and the bill collectors have started calling again because they can't get in touch with the attorney either and have not received any official notice that we have or are filing bk.

[edwards2]

That is bizarre. So, you knock on the doors, etc., and no one comes to the door? Just for the record why did you pick this particular attorney? I know you must be at wit's end. I can't imagine what he is trying to pull...it makes no sense to try and avoid you. Is he the only attorney in the office? Other than planting yourself on his doorstep and waiting for SOMEONE to arrive at his office or calling him continuously you are unfortunately between a rock and a hard place. You may have to hire another lawyer and then go after this guy to get your money back. How totally unprofessional of him....I would report him to the bar association as well.

[arl2005]

I had a sinking feeling that was our only recourse, which doesn't progress the bk or stop the bill collectors, it only means more money out of our pocket to either hire another bk attorney and/or go after this guy. We choose him after talking to several attorneys in town, he was nice enough, his advice was sound, he appeared stable (he's been in private practice specalizing in bk locally for several years and prior to that a public defender in a neighboring town for a short time) and his fee was reasonable. When I say the office is there, I mean the desks, the chairs etc, but it is dark...locked up...no one is ever there and we've been by at various times, after work, middle of the day, 5 am in the morning, weekdays, weekends...short of as you say taking up residency outside the door I don't know what else to do. He is the only attorney in the office.

[Minnymouth]

Quite possible you attorney is in the hospital maybe????
Check with a neighboring office, clerks office at the courthouse, etc.
Also, go on Pacer and see if your petition has been filed??
Clerk of courts can check for you also...

Keep us posted.


Interesting,

Minny

[Viper]

Does anyone have any suggestions for us? We selected a bk attorney, paid the downpayment (balance was due before our first hearing), he prepared the petition which we went into the office and signed (we were given a copy of the completed petition at that time).

This seems odd to me. I'd think the attorney would want to be paid in full before he would file. If he wasn't paid in full, any amount owed to him when you file would be discharged in the b/k.


-Viper

[pink_amulet]

This seems odd to me. I'd think the attorney would want to be paid in full before he would file. If he wasn't paid in full, any amount owed to him when you file would be discharged in the b/k.


-Viper

I know that my ex's BK attorney let him pay $100 when he retained him, and the balance at the 341 meeting. This was also 10+ years ago. So I know it is done this way.
However when hubby and I filed we had to pay a $100 to start, and the balance due at signing. Wish it was the other way, it would have been easier and we would have been able to file earlier.

pink-amulet

[AAAArt]

Quite possible you attorney is in the hospital maybe????
Check with a neighboring office, clerks office at the courthouse, etc.
Also, go on Pacer and see if your petition has been filed??
Clerk of courts can check for you also...

Keep us posted.


Interesting,

Minny

Wierd! In additiion to Minnie's ideas, see if he's listed in the phone book and call him at home. If he was referred to you by other atty's, I would contact them as well. Atty's tend to form a sort of fraternity and know what's going on with others.
Since you received no notice of filing, then you don't know the Trustee's name. I would suggest that you try to find out the name of a Trustee in your area and give his office a call as well.
Good luck and keep us posted. Art

[arl2005]

I did receive a certified letter from an attorney in town, saying basically she would be taking over our case as of 11/15/05. We were out of town all last week and just made it to post office to pick the letter up yesterday. There was no offer of explanation just instructions to contact her to set up an appointment. We are meeting with her next Monday after work, so hopefully we will get at least some sort of information about what has been going on. Thanks for the advice everyone. I'll let you know what happens. Meanwhile we are just back to screening our phone calls at home :-)

[Minnymouth]

Evidently your attorney is very ill, or something has happened to him where he cannot handle his cases right now. Glad to know he turned it over to another attorney and they contacted you.

Let us know what happens,

Minny

[StaciMM]

Sounds like his cases got handed over to someone else, which shows some responsibility. If it was a small practice (just him?) then an illness or death could put things into a tailspin.

Sounds like your BK did not get filed by the deadline, though I would think that since you've heard from another attorney you at least did not lose your payment.

Some issues you'll want to bring up. 1. Will your payment arrangement w/ the other attorney be honored or is this one going to charge you more for filing after 10-17. 2. Does your income/expense situation pose any problems in relation to the maximum guidelines for the IRS. 3. What else do you need to do in light of the new laws.