PDA

View Full Version : Possibly losing it all...


mrs.tee
Feb 28, 2006, 12:48 PM
Hello,

I have recently entered into a chapter 13 bankruptcy in which there has been major snags along the way. Upon entering my vehicle has been reposed in which took about a month to be returned. My "lawyer" somehow did not file paperwork correctly which resulted in a dismissal of my case. Upon that dismissal my vehicle was reposed again! When contacting my lawyers office I always receive a voicemail. I have asked for a list of the creditors that are put into my bankruptcy as well as an update on the status of my vehicle. I have been without my vehicle for a month and 6 days as of today. With that being said I have put major amounts of dollars into vehicles in order to get back and forth to work to try to get payments etc. in order. My confirmation hearing is coming in the next week and I am not currently fully vested into my chapter 13. At this point I really don't know what to do because I am in NO WAY satisfied with my representation nor confident that they are working to my best interest.

Also in reading the Michigan bankruptcy laws I saw that the cost of a chapter 13 is about $200. My lawyer informed me his costs is $1800 which will be broken up over the course of my 5 year term. Can you please advise me if this is correct as well. At this point I really don't know what to do with my hearing being so close and the fact I could possible risk having all of my valuables taken away. I'm not sure if I should seek other representation and possibly lose the $750 that I've already paid to my lawyer or just send what I have and see what happens at my hearing. Any advise you can give me would be GREATLY appreciated.


Thank you in advance for your prompt attention to this matter,

CaptainForest
Feb 28, 2006, 02:07 PM
One option is to go to your current lawyers office (not call, but physically go in) and demand to speak with them.

Another option is to go and have a FREE consultation with another attorney.

Present them with the case, and also ask if you have a malpractice suit on your hands with these other lawyers.

Fr_Chuck
Feb 28, 2006, 04:29 PM
Yes the 200 dollar fee you mention is merely the fee that you pay the court to file the bankruptcy. Your lawyer is free to charge what ever he wants.
1500 to 2500 is about average for their fees.

He should first have a secretary that answers the phone, and only voice mail during lunch or if she is away from her desk.
Next he may be in court specific days, most offices have the office manager or secretary call you back with minor details.

He should have had you refiled within a week ( if he was his error within two or three days) Next filed it wrong?? You did use an attorney who does nothing but bankrutpcy filings?? The forms are basically fill in the blank on the computer screen, the secretary actually fills out all the forms and the such,

As for as the list of creditors, you give that to the attorney, that is one of the first lists he asks you to give him. He does not tell you who he files, you tell him. But if you merely want a copy, that is one of the pages within the filing and he should provide you a copy of the bankruptcy filing.

You need to go and see him in person, and either get it filed correctly that day or the next day, or get a refund. There is no excuse.
Next if you wait too long, your car will be long gone, sold at auction. It is not being held waiting on you to file,