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Law Firm [Legal Helpers] Under Fire For Mistakes Made On Bankruptcy Petitions

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    Law Firm [Legal Helpers] Under Fire For Mistakes Made On Bankruptcy Petitions

    October 20, 2010

    CHICAGO (CBS) - Bankruptcy filings are soaring in the Chicago area and more people are looking for legal help from low-cost law firms. CBS 2 Investigator Pam Zekman checked out mistakes made by a law firm that claims to be one of the largest in the country.[Legal Helpers]

    Tracy Diaz was shocked when she saw someone else’s debts on a draft version of her bankruptcy petition prepared by a law firm.

    “We found that they had pulled the wrong credit information,” she said. “I think that’s a huge mistake. We paid for a service that we didn’t get.”

    After another client, who asked us to conceal his identity, corrected mistakes on a draft the law firm prepared for his bankruptcy petition, “Lo and behold, we show up to court and none of these corrections had been made,” the client said. “The income figures were way off.”

    Both had used the law firm of Macey and Aleman, which markets itself as Legal Helpers. Its website says Legal Helpers provides clients with “great service” for “low fees” and “experienced” attorneys.

    But former clients told us the high volume firm headquartered at Willis Tower repeatedly lost documents they had to submit over and over again, like pay stubs and other records needed to file their bankruptcy petition.

    And, clients said, they constantly had lots of trouble even talking with an attorney.
    The Better Business Bureau has given Legal Helpers an “F” rating based on all kinds of complaints it has received in the last three years from 136 clients of Legal Helpers.
    “I was devastated,” said Doris Just.

    Devastated, she says, because she was misled from the beginning when she inquired about filing a Chapter 13 Bankruptcy petition to repay $80,000 in debts.

    “They said it was going to be interest-free, which is why I went with them,” she said.
    But her final five-year plan required her to pay 8.25 percent interest and 100 percent of her debt, because the home appraisal used by Legal Helpers was done online and obviously erroneous.

    And Legal Helpers failed to revise her plan after additional creditors filed claims.
    “We had really a tragedy of errors,” said David P. Leibowitz, an experienced bankruptcy attorney, who reviewed the case for us.

    “Bottom line here is we just had a systemic failure from start to finish. The valuation was wrong, the plan didn’t add up. And then no one caught it for four years,” said Leibowitz, who also said it’s a problem that could have been caught in the first few months of the case.

    Over those four years, Just made every payment required by the bankruptcy court: a total of $63,000 of the $80,000 she owed.

    But a bankruptcy trustee realized that she could not possibly finish the plan within the five years allowed, and the case was dismissed.

    Because of all that interest, she’s now left owing $47,000 to credit card companies that can now charge her much higher interest.

    “So she might be finding herself even in a bigger hole than she was four years ago,” Leibowitz said.

    When she heard what happened, Just said, “I’m like, ‘oh my God, what am I going to do here?’ I have been in tears for the last month.”

    After reviewing the file, Richard Gustafson, a partner in the law firm of Macey and Aleman, told CBS that Legal Helpers would file a new bankruptcy petition to help Doris Just free of charge and “make things right.”

    In a written statement, Gustafson also said Legal Helpers “has addressed every complaint and has taken all reasonable steps to accommodate and satisfy all clients and former clients whenever possible.”

    He said Legal Helpers “takes seriously its professional obligations to the courts and its clients, including the obligation to refund money to clients who decide not to proceed with their cases, whatever the reason.”

    For example, he said Legal Helpers gave Tracy Diaz a $730 refund, out of the $1,600 in fees she had paid.

    After corrections were made on the bankruptcy petition filed by the other client in this report, he continued to use the firm.

    Gustafson noted that Legal Helpers periodically uses client satisfaction surveys, which show they “overwhelmingly rate their experience with Legal Helpers as ‘very good’ to ‘excellent.’”

    And he said, “Legal Helpers has been successfully representing consumers in bankruptcy since 1994 and has filed more than 182,000 bankruptcy cases across 20 states. He said it has also “given valuable legal advice and services to over 351,000 consumers.”

    Experts say that regardless of which attorney you hire to handle a bankruptcy, you should carefully read all papers prepared for you to be sure there are no errors, and if there is something that concerns you, consult with your attorney immediately.

    For websites that can provide valuable information on bankruptcy, click the links below.
    U.S. Bankruptcy Court
    American Bankruptcy Institute
    The Illinois Supreme Court’s Attorney Registration and Disciplinary Commission handles complaints about attorneys.

    Bankruptcy filings are soaring in the Chicago area and more people are looking for legal help from low-cost law firms. CBS 2 Investigator Pam Zekman reports on mistakes made by a popular law firm.

    #2
    This was the first one I went to interview! I knew right away I would not use them. WHat a shame for those people.

    Comment


      #3
      They were one of the ones I looked at when I was first trying to find an attorney - with a little online research, as well as the experience I had at the initial consultation, it didn't take me very long at all to eliminate them as a possible option.

      One of the big lessons to learn from this story is to do your research on a lawyer before hiring them. There are websites out there that specialize in letting people 'vent' their frustrations with companies like legalhelpers that provide abysmal customer service. The lawyer I finally selected was $500 LESS than Legalhelpers, and I was extremely satisfied with her. She answered each e-mail I sent her (personally) within 24 hours, and even prepared the petition herself and went over it in detail with me (rather than handing me off to a paralegal).
      Filed: 6/30/2010
      341: 7/26/2010
      Discharged: 10/6/2010

      Comment


        #4
        After reading your post, I decided to shop around for an attorney, as I retained legal helpers two months ago, but since retaining them I am only spoken to the legal aide and not the attorney. The attorney told me to wait to file Chapter 7, until May next year and to try and save some money. Today i had a free consultation with another attorney, man she made be feel so comfortable, we had the whole time with suggestion and what should be done. Now I am going to fire Legal helpers before they take another payment from me and retained the new attorney. Here is what she said, She said yes i can wait and file later and try to save money but the bad part about it is that the money that i save i would have to turn over to the court whats the point in that. She said the best option would be to file now once i file whatever I have at the time of filing is recorded then i can afterward begin saving and not worry about turning money over. She also said to stay in the house and not to move as it could take quite some time maybe 6 - 12 or ever 24 months and that we can work together during the foreclosure process to ensure we have enough time to save. After talking to her and reading your post I feel so much better. I really want to save money but i do not want to lie about money i would have saved during my filing. So I will meet with her and move forward, she also said once i file that my credit score will start to go back up. I will keep you guys posted to the development of my case. Thanks guys.
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        Comment


          #5
          Originally posted by coak1875 View Post
          After reading your post, I decided to shop around for an attorney, as I retained legal helpers two months ago, but since retaining them I am only spoken to the legal aide and not the attorney. The attorney told me to wait to file Chapter 7, until May next year and to try and save some money. Today i had a free consultation with another attorney, man she made be feel so comfortable, we had the whole time with suggestion and what should be done. Now I am going to fire Legal helpers before they take another payment from me and retained the new attorney. Here is what she said, She said yes i can wait and file later and try to save money but the bad part about it is that the money that i save i would have to turn over to the court whats the point in that. She said the best option would be to file now once i file whatever I have at the time of filing is recorded then i can afterward begin saving and not worry about turning money over. She also said to stay in the house and not to move as it could take quite some time maybe 6 - 12 or ever 24 months and that we can work together during the foreclosure process to ensure we have enough time to save. After talking to her and reading your post I feel so much better. I really want to save money but i do not want to lie about money i would have saved during my filing. So I will meet with her and move forward, she also said once i file that my credit score will start to go back up. I will keep you guys posted to the development of my case. Thanks guys.
          good for you coak!!

          it really pays to look around...you do want to be as comfortable in this most unconformable position as best as possible.
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


            #6
            I was very poor and LH were the cheapest I could find to handle my chap 7. I was on a payment plan for their fee. When I was 5 months away from full payment, I had to move. I called them up, updated my address, and continued paying. Thought everything was fine. The day came of the last payment and my official going to file meeting with them at my new town of residence. I get there thinking thank god this will be over soon, boy was I wrong! At this meeting the attorney lets me know that LH doesn't have any jurisdiction in my new county of residence! They were like, ok you will need a new lawyer, no big deal. Of course I was to say the least really pissed off, and then became livid when they told me that not only were they not going to refund me all of my money back, it would also take 6-12 weeks for 'some' of my refund. It total they kept $450 of my money and did absolutely nothing for me except delay my bk for 6 months. Way to go, guys, way to go

            Comment


              #7
              Folks,

              The general rule should be that you do not go to a "mill" type firm. Quantity DOES NOT mean quality. While all attorneys make mistakes (me included), a small firm is going to give you personal service, not drive through assembly-line manufacturing. When a mistake is made a small firm will be more contentious in correcting the mistake quickly and efficiently.

              If a Firm intensely advertises on television, has page after page of full page yellow page advertising, is on bill boards or just seems to be blanketing the area with tons of advertising it is a good bet that it is a mill operation and should be avoided. Advertising is hugely expensive therefore the "mill" firm must recruit hundreds of clients a month to cover the bills. How else would it pay for all of that advertising?

              More general rules to follow:

              *If the firm uses a trade name (which is probably a violation of the attorney rules of ethics) you should stay way.

              *If the firm uses a "hard sell" you should stay away.

              *If you see an attorney from the firm for 2 minutes and are then turned over to the paralegal, you should stay away. (In a good firm the attorney will take time to work with you before bring in the paralegal for the "grunt" work. Further the attorney will always be available for questions.)

              *If you never see an attorney from the firm you should run away.

              There are many other clues to a bad firm. It just takes a little “street smarts” to figure them out.

              Des.

              Comment


                #8
                Good points, the only one I disagree on is
                *If the firm uses a trade name (which is probably a violation of the attorney rules of ethics) you should stay way.
                Many jurisdictions allow trade names for law firms. In general, a trade name should give you pause, but by itself does not indicate a good or bad firm. As with anything, do some due diligence.

                Here are some things people think makes a firm bad that don't, these items actually indicate a good firm.

                * Not willing to do a consult over the phone
                * Not quoting fees over the phone.
                * Not doing a means test during the consult.

                Comment


                  #9
                  Originally posted by HHM View Post
                  Good points, the only one I disagree on is Many jurisdictions allow trade names for law firms.
                  Not in mine and this particular firm does use the trade name. Not sure why the State Bar is doing nothing about it.


                  Originally posted by HHM View Post
                  Here are some things people think makes a firm bad that don't, these items actually indicate a good firm.

                  * Not willing to do a consult over the phone
                  * Not quoting fees over the phone.
                  * Not doing a means test during the consult.
                  Absolutely agree that these are the earmarks of a good firm.

                  1. Phone consultations for bk are probably a violation of BAPCPA due to the many written disclosures that are required.

                  2. Quoting fees over the phone (unless the fee never varies) does not take into consideration the actual type of case and all of the "extras".

                  3. As I think you pointed out in another post, means testing takes time. If I have an over median income filer my complete analysis can take 2 hours. At the consultation only the basic numbers are discussed so that I can "eyeball" if I think the client will or will not qualify.

                  Des.

                  Comment


                    #10
                    I think to file for the bankruptcy is always not to do yourself task, I should hire right legal attorney to file for the bankruptcy.

                    Comment

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