It took the lawyer and the court system to actually finalize (discharge) the whole thing in September of 2007. In the meantime, our home was foreclosed on, which was included in the bankruptcy. Now it is impossible for us to buy a home for our family until the foreclosure has been 3 years or more. We didn’t want to file bankruptcy, I mean who really does, but I lost my job when my company closed and his (husband) paycheck couldn’t cover enough for us to keep our home. The bankruptcy isn’t what’s hurting us, at this point. It’s the foreclosure. Is there anything I can do to appeal the existence of this foreclosure on our report since it was the lack of filing in a timely manner by the lawyer that caused the process in the first place? Or is there any way around the foreclosure to purchase a home?
I’m not looking to sue….The lenders are the ones telling us that the bankruptcy is not the issue. Our credit score is good, we have established credit again, in good standings, just like before. We were never late EVER until the bottom fell out 3 years ago. Divorce was on the horizon….we have 2 children…I could go on and on. All I am asking is why is it that the foreclosure is so much more detrimental to our report and ability to get credit than the bankruptcy? we were trying to buy a house before the market went back up and we can’t afford it…….that’s what we have been advised to do by our lawyer. Is that not right after all?

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I filed chapter 7, back in April…At least thats when I gave the attorney the retaining fee. Upon my next visit to his office, I paid the filing fee of 5 for initial papers. This was a time sensitive issue because there were garnishments attempting to take place within a matter of weeks. Attorney dragged his feet, and the filing was delayed 30 days after I paid for all services to be rendered to me. By this time, the garnishment had begun to take place. Being paid bi-weekly, this company has taken over 0 from me in the course of 8 weeks.

They are supposedly allowed to keep 0. Problem is, they have refuned 0 to my attorney, and my case has went before court June 10, 2009. The attorney is delaying refunding my money to me, telling me that he has to wait to see what the trustee wants to do with the money. I’ve personally talked with the trustee, and he told me he has NO interest in those funds. I relayed this information to my attorney, and he still tells me that he has to talk with the trustee.

I’m really pissed at this point, and I’m considering lodging a complaint against him because had he filed the papers in a timely manner, the garnishments wouldn’t have never occurred. Secondly, if the trustee has no interest in the funds, then why is he hanging on to them.

Worst yet, the attorney called me into his office July 11 to get matters taken care of. The only thing I did in his office was watch him go through my file, and he made copies and put them in an envelope while I watched.

I signed no documents that day or anything, but I did get ot view my check from afar. Am I supposed to wait until the case it totally closed before getting my money back or should I file a complaint with the Milwaukee Bar association.?

Technorati Tags: chapter 7, garnishment, milwaukee bar association, money, sensitive issue, timely manner, trustee