What can I do about my bankruptcy attorney's conduct ?
I filed BK 13 a little over two years ago. A couple of months back I learned that one of the creditors added in Schedule B is reporting the debt as a collection on the credit report. I later received a letter from a collection firm representing said creditor. I took the letter to my attorney who said "okay we’ll sue". The paralegal said that I’ll be their guinea pig since they’ve never sued anyone. Since then, my attorney is not responding to questions that I have i.e. what are we sueing for, what are the steps taken, who pays for this etc..ANY QUESTION really. I have no clue what they are doing and am being blown off by the attorney and the paralegal both who were very nice up until that point. Also, my attorney put the wrong dollar amount on the schedule B as debt for that creditor but I’m being told the amount doesn’t matter as long as the creditor is included in the BK 13 they are going to be discharged (so the amount wasn’t changed). I am concerned that after the 13 has been discharged the creditor will come after me because of my attorney’s inability or unwillingness to take care of business. Any calls or emails are being ignored. I did receive one call from one of my attorney’s employees who stated that he is filing the claim (1 1/2 weeks ago) but my question whether or not I will receive anything on paper telling me what is being done etc remained unanswered. Basically, I don’t know anything, I don’t know what to look for and/ or what to expect. What should I do ?
Call your attorney’s office and ask to schedule a telephone appointment to discuss your concerns.
Usually what is done in these situations is that the attorney sends the creditor a letter demanding that the collection efforts cease immediately and offering to settle for (some amount + damages) in exchange for NOT suing the creditor for the stay violation. Many creditors stick their tail between their legs and stop trying to collect and pay the settlement amount to avoid getting sued. Although each attorney’s terms and conditions will be different, in our office the attorneys usually took their own fee out of the settlement amount and the client got a check for the rest (typically $1k or more, depending on the severity of the stay violation).
If the creditor does not respond to such a letter, the next step would be to file an adversary action in bankruptcy court (a lawsuit). Your attorney cannot commence this action without your signature, but can (and often will) write the initial letter offering to settle before getting back to you.
I think you may be a little confused also. Your unsecured creditors appear on Schedule F. Schedule B is a schedule of assets. Your attorney may also need to amend Schedule C (exemptions) and Schedule D (secured creditors) if Schedule B was amended, and may also need to amend your Ch 13 Plan if an additional asset was added.
If you feel that your attorney is not experienced enough to handle your case, schedule an appointment with another bankruptcy attorney in your local area to get a second opinion. The attorney you contact for a second opinion will be able to get all the documents filed in your case to date electronically from the bankruptcy count.
June 15th, 2010 at 4:37 am