My so-called attorney is driving me crazy

[Confused06]

Okay, I am so ready to fire my attorney. I retained him on August 1, 2006. Since then he has been the most difficult attorney to get ahold of. He does not return my phone calls or emails. I went to see his paralegal last Thursday to get the credit counseling information going. Well, they were supposed to call today and they did not. Then, while I was there on Thursday I informed them that I wanted to file in IL under my old address. I have been only physically living in MO for two weeks and have nothing on paper for MO. Went I retained him, he said that he would file in IL and that he would request that the 341 meeting be moved (apparently you can do that). Anyway, when I went in last week, he has changed his mind and says he will not file in IL only in MO. My boyfriend does not want me to use his address because he is sooo afraid that the creditors will harass him or I there. I know, it sounds like a stupid reason, but in a way, I don't blame him.

I am starting to feel as though he would say anything in order to get the $750 out of me for his services. I tried to get ahold of his paralegal three times today and no return calls back. I am sooooo mad.

Has anyone filed in IL pro se and if so, how was it. I work for attorneys and feel that I am quite capable for filing on my own but I am so afraid of the 341 meeting by myself.

[FilingOnMyOwn]

Sounds like a bad deal. Have you already paid him the $750? If not, I would back out if possible, and file in 3 months where you live now.

[lrprn]

Okay, I am so ready to fire my attorney. I retained him on August 1, 2006. Since then he has been the most difficult attorney to get ahold of. He does not return my phone calls or emails. I went to see his paralegal last Thursday to get the credit counseling information going. Well, they were supposed to call today and they did not. Then, while I was there on Thursday I informed them that I wanted to file in IL under my old address. I have been only physically living in MO for two weeks and have nothing on paper for MO. Went I retained him, he said that he would file in IL and that he would request that the 341 meeting be moved (apparently you can do that). Anyway, when I went in last week, he has changed his mind and says he will not file in IL only in MO. My boyfriend does not want me to use his address because he is sooo afraid that the creditors will harass him or I there. I know, it sounds like a stupid reason, but in a way, I don't blame him.

I am starting to feel as though he would say anything in order to get the $750 out of me for his services. I tried to get ahold of his paralegal three times today and no return calls back. I am sooooo mad.

Has anyone filed in IL pro se and if so, how was it. I work for attorneys and feel that I am quite capable for filing on my own but I am so afraid of the 341 meeting by myself.

Gosh...where to start???

You are in a very tough spot, Confused06. If your lawyer has already reversed himself on something as important as the state you are going to file in and can't be bothered to return calls now when you are just getting started, it isn't going to get any better. Did you have several free consultations with bk lawyers before going with this one?

Since you've already paid the retainer, that means moving to another lawyer now even before filing will be harder. Many lawyers won't 'override' an already-paid retainer to a colleague. You may need to get it back or beg/borrow/gather enough to pay another retainer to change lawyers at this point.

You could be very right about this lawyer saying anything to get your money. The law says that "someone who moved from another state within the preceding 730 days must use the exemptions provided by the state in which the debtor was domiciled for a greater part of the 180 days preceding the 730 days than in any other state." (from http://bankruptcy-law.freeadvice.com...uptcy_move.htm - there's other good information about filing bankruptcy after moving here as well). One way you could file in Missouri and not use IL exemptions is if Missouri allows you to use the federal exemptions - but Missouri is not one of those states (see http://www.bankruptcyaction.com/moexemptions.htm - top of the page).

If your story is an accurate representation of what's been going on, then I have two recommendations for you. First is to have a candid, open discussion with this attorney about his ability to file your case in Missouri with Illinois exemptions and also about his lack of availability and not returning calls. Accept no excuses! Bottom line - if he cannot or will not file in MO using IL exemptions, then ask for an immediate, full refund of your retainer. In the meantime, set up at least three additional free consultations with bankruptcy lawyers in your new area as soon as possible. If you can get back home to IL or afford a few half hour phone calls, it would be good to have a discussion with a few Illnois bk lawyers as well.

With your very recent move, you're in a very difficult situation to file bk right now. It's not impossible, but you definitely need a good lawyer to guide you through this complex process involving two states of residence. This is past the uncomplicated, no-asset Ch 7 case that can be filed pro se. I hope you find a good lawyer who can help you. Please keep us posted on how things go for you, ok? We'll help answer the questions we can and remember we'll be here for questions and support whenever you need it.

[SinkingFast]

Hubby moved to the new State in Feb '05. Rest of the family moved in Aug '05. We started chatting with attnys end of Jan '06. Every attny told us they couldn't file us until I'd been here a full 6 months. So I don't see how you could file BK in MO after only living there 2 weeks.

Would seem, under the New Law, that since you technically couldn't claim any State as your State of residence since you so recently moved, you'd be entitled to use Federal Exemptions. That was an ammendment/change to the New Law that came out back in the Spring.

Your attny sounds like the first one we retained. He was very helpful. Responded to every phone call, until,............... We paid him money. Then he never returned a call after that. At least we didn't pay him his full fee up front. Several attnys we spoke with after that said this particular attny was known for what happened to us. A great legal mind, but he "dropped the ball" from time to time was how they put it.

Drop him, forget the money, and move on. It'll be a hassle trying to get the retainer back from him and you probably won't ever see a penny anyway.

Whether or not to file Pro Se??!! Only you can say. Personally, we weren't comfortable facing the Trustee in the Court here having to use outa State Exemptions on our own.

I'd strongly suggest you make some more phone calls and Consult with at least 3 more attnys. Generally Consults are free. At the very least, you'll learn some more information. Maybe you'll get a consensus opinion about your particular case.