When To File Bankruptcy » attorneys

Can I sue my bankruptcy attorney's?

admin — Mon, 23 May 2011 09:51:50 +0000

I recently filed chapter 7 bankruptcy and was awaiting my discharge papers. Instead I received dismissed paperwork because my attorneys did not send my financial management certificate to the bankruptcy court. They had the paperwork 5 days before my case was dismissed, now they want me to wait another month to wait for a discharge. I need a car and my children have been living with relatives until I can get on my feet.

Technorati Tags: attorneys, bankruptcy court, chapter 7 bankruptcy, discharge papers, financial management, living with relatives, management certificate, paperwork

What is the best type of attorney to contact to talk about student loan debt?

admin — Wed, 23 Feb 2011 09:36:53 +0000

What is the best type of attorney to contact about student loan debt? Bankruptcy lawyers seem to cringe/avoid this because student loans are currently exempt from bankruptcy.

Is there any in the US that take this stuff serious and can help broke former students?

I mean there has to be some attorneys that now have experience in these matters since the economy is now becoming flooded with unemployed new attorneys.

Technorati Tags: attorneys, bankruptcy lawyers, economy, former students, student loan debt, student loans

how do you represent yourself to stop a motion..what papers do i file? do I appear?

admin — Sat, 08 Jan 2011 13:24:47 +0000

this is from a consumer loan company I filed bankruptcy on..now they are trying to put a lien on real estate I do not own…my ex wife does..i never received a summons or notification…just saw it online when looking something else up
the court action is against me in this case…she had already been notified that the loan co was going to garnish her wages for the loan (joint)..the divorce decree states I have to pay the loan..I couldn’t and filed BK …how can the loan co come after me? I have been told by attorneys to pay her the wages back she is having garnished…because of the ruling in the divorce
Isn’t it if I don’t answer this action although I have no summons…that they win by default? obviously they are not telling the courts I filed bk…

Technorati Tags: attorneys, bankruptcy, bk, consumer loan company, decree states, divorce decree, loan co, real estate, summons, wages

bankruptcy filing in arizona paralegal vs. attorney?

admin — Tue, 04 Jan 2011 14:25:19 +0000

Curious if anyone has an experience that may persuade me one way or another based on positve or negative experiences. A paralegal is like half the cost and lets face it if I am considering bankruptcy I have less money to hire/spend. On one hand I believe a paralegal to be just as competent as an attorney and most do the lion’s share of work in law firms and then the attorneys comb over their work and sign off. But does an attorney offer any more protection than a paralegal, for instance from a trustee and their digging or at charge off or have more guarantees in a bankruptcy. Or is a bunch of hype.

Technorati Tags: attorneys, bankruptcy, comb, guarantees, hype, law firms, lion, money, negative experiences, paralegal, trustee

I'm in the process of filing bankruptcy, but am being sued in a week. What do I do?

admin — Tue, 14 Dec 2010 21:37:54 +0000

I’m in the process of filing a chapter 7 and my attorney’s office is still working out the details. It’s a real fresh start; my son and I moved in with my family, we’re letting the house go as part of the CH7, etc.
Unfortunately, the attorney has yet to actually file the CH7 on my behalf. I work 8-5, Monday-Friday, and I just started this (well-paying) job so I have no business asking for time off.
The mess comes from Citifinancial, who has involved their attorneys in collection of an old debt. You know, the kind where when you tell them you’re having trouble paying, they "help" you by telling you that you have to refinance the debt, borrowing more, and won’t work with you otherwise. The debt is 6 months from clearing statute of limitations on collections, so they filed suit.

On the 8th, I have a court date right in the middle of my work schedule. The attorney’s office said they couldn’t file my CH7 until a week after, but said "we always advise our clients that it’s better to stay at work and make money, than to lose more by going to court when you’re going to have a judgment against you either way. " They then said it would take 45-60 days for me to see any ill effects from the garnishment, and by then, I’d be within the automatic stay period anyway. I was advised to simply wait for them to contact me next Monday to obtain anything missing from what I gave them as far as information is concerned.

This makes sense to me, but I feel a disturbance in the force. Can they instigate a garnishment at the very same time they obtain the judgment? I’m in TN and can’t find anything to satisfactorily answer this, though it seems "implied" that they must first attempt to collect from me under the judgment before they can attempt to garnish, whether I show up or not. I know I should empty any bank accounts (indeed, perhaps close them) before the judgment goes into place, but do I need to go to the civil court date anyway, if the next week my automatic stay would begin?

I’m very confused as to what I should be doing.
To clarify: I contacted the attorney and reached the paralegals, but have been unable to reach the attorney. The paralegals are the ones who guided me on these most recent steps.
I just noticed on my summons, there was no notation as to the proper window in which I must "Answer". This is supposed to be there, and I was served exactly 30 days before the court date. Can I submit an "Answer" citing that due to the lack of definition by the Plaintiff on the summons (which was authored by the plaintiff and signed off on by the court), that in addition to being unable to attend on that date and needing to reschedule, that the Plaintiff intentionally evaded my rights to respond in order to attempt forcing a default judgment?

Technorati Tags: attorneys, autom, ch7, chapter 7, citifinancial, civil court, collections, fresh start, garnishment, going to court, ill effects, job, judgment against, money, statute of limitations, time off