Civil Rights Actions Against Trustees

[bankruptcymill]

Another rip off

Another ripoff i think some of the chapter 13 trustees may be doing is delaying distribution to collect the interest a little bit from each account ads up.

[FoolAndHisMoney]

And yes, I do agree that you can get "sold down the river" by your attorney and also by the Trustee if he see's fit........

Many attorneys, if there's nothing in it for them, why waste the effort...... their not loosing anything!!! You are..... and they still get paid.

Minny, this contradicts everything else you say on how "under new law the attorney is held liable for his actions". This is true if it's to the benefit of the creditors and trustee, but not true if it's to the benefit of their client.

Your above statement is correct, but the other posted statements are not. If an attorney incorrectly adds their clients CMI or forgets to investigate and list a clients asset, then the attorney will be accountable for these actions and have to pay. If an attorney screws their clients as with you case I don't think much has changed hence your above statement.

I only say this so newbies here don't think they have blanket protection from anything that goes wrong, because they don't.

[Minnymouth]

No newbies do not have blanket protection regarding their attorneys....... so beware..........

Now, so much more than before, attorneys are being held liable for their actions involving bankruptcies....... When an attorney signs his name on something - now he can be held liable for its contents, so he best make sure he knows its true..... IT'S CALLED RESEARCHING CLIENT INFORMATION.....

example:

My case where an "unperfected title" surfaced during the bankruptcy process... Under the old law the attorney is not responsible...... Under the new law..... the attorney would be in court, in front of a judge, explaining WHY he did not find this when he did the petition.........?????

The attorney is supposed to be representing you in "your best interest"...... not for what he can get out of the situation..... and not for "covering his own butt" when he gets it in a sling!!!!

Now with the new laws, an attorney that bluntly advises a client wrong (to protect his own interest), causing them loss, can be held accountable by the Court....

Many attorneys have "quit" doing bankruptcy cases because now they can be held liable for their "actions" or "lack of them" in bankrutpcy cases by the Court.....

But no a filer does not have "complete protection" when it comes to their attorney....... you have your good attorneys and still have your bad ones..... but the new laws have helped protect the client against attorneys who are in it for the $$$$$$$..... not the interest of the client.

[Minnymouth]

When I made the statement that your attorney "can sell you down the river", yes they can.... under the old law, nothing is done about it...... (unless you sue him afterwards).... Under the new law.... if caught.... he has to explain his actions to the Court and is often fined....

The minutue the Trustee found my unperfected title, my attorney did an "about face" regarding my bankruptcy..... He KNEW he should have found that while looking over my petition (tells me he didn't even look at it before he filed it)....... so right then an there he began covering his own butt, trying to get the bankruptcy over and keep it out of Court till discharge.... He didn't want to have to explain ANYTHING in Court.... So he kept everything up in the air (all correspondence, offers to buyback, etc), till the Trustee seized and sold my home..... Even the Trustee told me this - "Blame this on your attorney...... he could have prevented this auction.....".

[bankruptcymill]

Minny where were u keeping that unperfected title under your hat if your not going to tell your attorney but then tell the trustee you deserve to have your house stolen? LOL

[Minnymouth]

Well, to begin with, I DIDN'T DESERVE TO HAVE MY HOME SEIZED!!!!

KNOW THE PARTICULARS BEFORE YOU LAUGH AT SOMEONES ISSUES!!!

AND 2ND OF ALL, I'M NOT A STUPID PERSON BY ANY MEANS................in fact am very well educated and have a "world of knowledge" when it comes to people and street living also.

To begin with I did not hide the title under my hat!!! I did not tell the Trustee, because I knew nothing about it, and my attorney failed to find it when he went over the petition and my paperwork (good attorney, huh)....
The Trustee discovered it as soon as he looked at my petition, did his research, and his findings were just like he thought - I didn't own it and the mortgage company had no lien against it.....

Now, to make a long story short........... The title company failed to record my title, in my name, the day of the closing...... thus making the home never belonging to me......

My home was purchased as a home/land package (permanent home) where it is considered real estate (not a doublewide + land).....

Failure by the mortgage company, title company to record documents is what caused me to loose it all...... NOT MY STUPIDITY.................!!!!!!!

Now since I do not deal in real estate nor do I have the knowledge of professional real estate personnel, I paid "professionals" good money, paid for title insurance, etc, to protect my interest in handling the closing of my home. Yet I still got "screwed" by the Bankruptcy Court over my home...... due to the documents as they stood and the lack of representation by my attorney.

Me as a consumer, would not have noticed these "fine print" details where as a PROFESSIONAL would have...... that's why they were hired...... DID A SORRY JOB, DIDN'T THEY???

When it all came out in the wash, I legally never even owned my home, just the land....(for 8 years) ... so the Court seized it to sell..... (now, how can they seize and sell something THAT IS NOT LEGALLY MINE ??????............

BANKRUPTCYMILL - you are very quick to be judgemental when you don't know the situation...... do your research first - THEN VOICE YOUR OPINION REGARDING MY STUPIDITY..............and the stupidity of others......

If you work for a bankruptcy mill, then you are aware of what I'm talking about when I say PROFESSIONAL PEOPLE............. hired for their expertise!!!! Have all your clients been "happy ones"??????

My opinion,

[anonymuse]

Minny where were u keeping that unperfected title under your hat if your not going to tell your attorney but then tell the trustee you deserve to have your house stolen? LOL

How dare you make light of Minny's situation--she's been to heck and back with this, and she's one smart cookie. If you don't understand, then ask for an explanation since you are obviously not knowledgeable about her plight. However, don't belittle someone who comes here day in and day out to moderate this board out of the goodness of her heart to try to make sure other people don't have to suffer the way she did by inept counsel!

[Minnymouth]

Thanks for the support Anonymuse,

Well, now you all have seen me when someone hits MY RAW NERVE......

I flew mad instantly when I read bankruptcymill's comment.......
Even I have a "instant mad" button........ LOL

Each of us that have been thru bankruptcy or going thru it or financial distress all have a "nerve" that's right on the surface.......

And as you'll notice (even with me) its a "touchy place" and we have a tendency to flare up and voice our opinions very strongly.......

Its okay to voice your opinion and okay to debate issues...... just do it in such a way as there is opinions voiced with no name calling, or slander, or insults, or blunt rudeness......

I hope I made my opinion known about his statement regarding me without offending anyone, even Bankruptcymill!!!

Okay, I have now "CALMED DOWN"......................
On to another topic........

[Kam]

BankruptcyMill's first post was insulting in my opinion, insinuating that we are too stupid to know about successful Civil Rights or Racketeering suits brought against Trustees. What about doing your own research BKMill?

[Minnymouth]

Kam,

One of the first things I researched was what a Trustee can and cannot do............ long before I filed... Even they have their limitiations!!!!

[bankruptcymill]

Posting is supposed to b fun

Posting is a lot of fun till someone gets hurt,
.
.
.
. then its hillarious!!!!!

No mini sounds like you have a good case against the title co or whoever closed on your house for failing to record the documents to create a lien thats like a surgeon leaving one of his tools in his patient sounds like it might be more involved that that. Was it a trailer and land u bought? the lien on the land ok but not the trailer because its was considered peraonal property? give me the specifics sounds like u were skrewed.

[Kam]

I did alot of reading and researching before I filed too. I don't like doing anything half-assed LOL!

[Kam]

<blink> <blink> what's hilarious? someone's feelings being hurt?

BKMill - Minny has an entire thread devoted to her case, try using the search button

[bankruptcymill]

Who r

All those ugly people in that picture and what r they smiling about if I looked like that I wouldnt b smiling i'd be crying.

[Bobby'sGirl]

Can't handle all those happy, shining faces, in Kam's picture, huh?

Reflecting too much light into your dark corner, Bankruptcymill? So please slink back into your hole and leave us alone. Until you are banished, you are going on my ignore list. <click>