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I paid an attorney and filed a chapter 7 bankruptcy petition. My attorney has now withdrawn from representing me and my bankruptcy hearing is tomorrow. I do have a case to report the attorney to the bar, etc etc. but that doesn't help me now. I have no money to get a new attorney, I don't know what to do next?
It is rare that they withdraw, why ? He had to have a reason.
Which hearing is this ? First or final, makes a difference.
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But since he is the attorney of record, you go, when case is called you tell them the attoreny has wirthdrawn and you need time find a new attorney
Not a good one. I sold my car to my sister in 2007, and through 2007 2008 and 2009 she paid on my behalf $35,000 of my living expenses. That was the price of the car. However, when it came time for me to sign the title over to her, we had a big argument and didn't speak until June of this year (more than 3 years). So I finally realized I had no choice but to sign the title over to her, and so I did so. The original loan document was destroyed in a flood, so we recreated it, it was a very very simple sale between brother and sister. And we transferred the title. When I showed my attorney the sale document he said "that won't work" and he pulled up a different promissory note and told me to have my sister and her husband sign it and backdate it to the date of the sale. My sister REALLY didn't want to do this, since our transaction had been perfectly fine, her husband hadn't been involved in the original sale, and when she read it, she said "how can this possibly be the right document, it says that we signed the title over immediately at the date of the sale". Since I didn't even have a clear title at that point, it would have been impossible and my sister didn't want to take possession of the car until her son's 18th birthday (which was this past July 5t). Much against her better judgement, she and her husband signed it, and I presented it to the Truste (I think). Anyway, I also wrote a note explaining the "35,000" that my sister paid out on my behalf, but I wrote down that it was a loan... my attorney always made hurried phone calls to me telling me what to do, and I thought that was what he said. The trustee wanted more information, so my sister had to respond and she told the truth and nothing but the truth, which of course, didn't make my attorney look great, but he withdrew before he even saw that. Basically when this issue came up he said he was going to have to charge me another $500.00 because he knew there were going to be lots of emails and telephone calls with the Trustee about this issue. I couldn't imagine why there would be so many emails and telephone calls and I told him I don't have another single penny and he knows that, and I feel like he is definitely partly to blame here. So when I told him I didn't have the $500.00, he then withdrew stating that his reason was "he wasn't to blame for my screw ups, he wasn;t going to accept the blame and he wasn't going to represent me anymore". I was shocked since obviously if I had been willing to pay the $500.00 he would have continued to represent me... so what is the issue really? He has to know he screwed up, because the Trustee is questioning the sale because WE DIDN'T TRANSFER THE TITLE IN 2007, the form which my attorney gave me. My sister is now possibly completely screwed because she won't get t keep the car that she has paid for, but she is OK with that, rather than being accused of committing fraud. So now tomorrow is mt final hearing and I don't have a clue what I should do..
So your sister need to have signed the document that showed it happened the way it really did, Your sister would not help reconstruct lost documuments to help your case.
Yes most likely the car will be added to your property, maybe even your bankrutpcy thrown out for possible fraud ( trying to hide the car)
Your attorney was doing what almost every bankruptcy attorney does, get the documents to look right to make the bankruptcy easier. I can see why he withdrew, since he would have had to refile all of your paperwork, showing you own the car and was trying to hide it.
Sorry but you are in a mess, my guess the trustee will throw your bankrutpcy out at this point, But you can get it continued but will need a really good attorney at this point with the mess you have
You misunderstood. I definitely wasn't trying to hide the car. My sisters insurAnce r going to help reconstruct original dox from back up drives but she isn't able to do it for a month because of very complicated personal issues. The car hasn't been driven since she made the last pmt. But the attorney screwed up here so I will just have to prove it. But thanks anywayQuote:
Originally Posted by Fr_Chuck
An attorney can't simply "withdraw". He needs to file a motion with the court and get the judge to allow him to withdraw. Did this happen?
And Fr_Chuck, you have a few details wrong:
- A "first meeting of creditors" (Section 341 meeting) is not a hearing. The bankruptcy judge doesn't even attend. The trustee, the debtor, and any creditors who want to attend.
- The trustee is not allwed to "throw out the bankruptcy". Again, a motion must be made and decided upon by the bankruptcy judge, not the trustee.
When I showed up for the meeting, the trustee said my attorney had not filed a motion to withdraw and should have also attended the meeting. He gave me two weeks to talk to the attorney and get him on board or file a motion to the judge. I emailed his office and his secretary said they had just sent a motion to withdraw (after he missed meeting no less.. ) so since I am not able to afford a new attorney I think the only option I have at this point is to just tell the trustee to dismiss it. I am going to have to figure out how to get my money back from my attorney (LOL) or go to arbitration. I really put my trust in him and now I am so confused. I only have one creditor that garnishes my wages, and I already paid them $17,000 over the last 18 months. I didn't realize that I only owe them $4500 more, and now I have wasted $2,000 on a screwed up bankruptcy filing. My sister said I could possibly have settled with the creditor for half of what I owed them, and already been done with this. And then only need to file bankruptcy if one of the other creditors come after me which is probably not so likely. If I just have this dismissed will it cause me big problems?Quote:
Originally Posted by AK lawyer
Hard to say. But if it's dismissed (again, by the judge, not by the trustee), you won't be able to re-file for a certain number of years. So if it were dismissed you would be at the mercy of creditors with writs of garnishment.Quote:
Originally Posted by lorrainepaini
You still are not clear what hearing is coming up. Usually, with a Chapter 7, once you have completed the Section 341 meeting, that is the end of it, so I really need to know what this hearing is. A motion to dismiss for some reason?
It looks like your attorney tried to fraudulently hide your failure to sign over the title to the car to your sister. And therefore he is attempting to drop your case. I would object to his motion to withdraw and also call this to the attention of whatever agency regulates attorneys in your state.
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