What is the name of your state? MI
I want to know if I can recoup fees I paid to the attorney representing me in a Chapter 13.
If so, do I file a motion in bankruptcy court, or bring it to small claims court? Note that I asked several times for an attorney/client contract, and never got one.
I filed a chapter 13 in March 2006 by myself (pro se). I submitted all the schedules, pre-bk certificate, etc. The only thing I did not fill out was the 22A or 22C (calculation of disposal income).
I got nervous about this, and hired an attorney the next day. At this time, I submitted all my monthly expenses/bills/pay stubs to the attorney. The 22A/22C was due in 15 days. I asked for a client/attorney contract. He said in due time he'll send out a contract. I paid $1000 to get the ball rolling (he wanted $1500).
Day 15 comes around, and this is the first appointment time available for this attorney. I went to his office in the morning, and the guy doesn't have the 22A/22C done. So I leave at none b/c I had to get back to work.
The 341 arrives, and he finally shows me the 22A 15 minutes before my scheduled time. He calculates I have $500/mo. disposable income.
A few weeks later, the plan confirmation meeting is held. My attorney missed this meeting. My case was dismissed.
Due to some talk between my atty and the trustee, my case is back. I did an analysis of the 22A and noted that my attorney didn't expense out my mortgage correctly (delta of $400), and used a different county for the IRS standards (lost $50/mo. due to this). There were other bad assumptiona made (although my attorney had all the needed paperwork). The final determination was that I had a lot less than $100/mo disposable income. I showed my attorney my work, and he agreed that my calculations/expenses were correct. I asked him to refile a "corrected" 22A, and asked to convert to a chapter 7 (my assets are all exempt).
Cut to the chase, the attorney never filed this corrected 22A. He then missed the deadline for submitting paperwork for a different plan confirmation in August (we had 6 weeks to get paperwork completed), never converted to a chapter 7 per my request (I qualify), the trustee wanted the $500/mo., I was shoveling $100/mo. into the plan, and the trustee got upset and dismissed the case in the beginning of Sept.
I just filed a chapter 7, and plan to do it pro se. I want my money back that I paid to this lazy attorney.
Basically, he had to file one form, the 22A, and attend the 341 and plan confirmations. I feel like he dropped the ball, and didn't represent me.
Again, do I file a motion in bankruptcy court to ask for my attorney fees back, or bring it to small claims court? Or am I SOL without a contract?What is the name of your state?
I want to know if I can recoup fees I paid to the attorney representing me in a Chapter 13.
If so, do I file a motion in bankruptcy court, or bring it to small claims court? Note that I asked several times for an attorney/client contract, and never got one.
I filed a chapter 13 in March 2006 by myself (pro se). I submitted all the schedules, pre-bk certificate, etc. The only thing I did not fill out was the 22A or 22C (calculation of disposal income).
I got nervous about this, and hired an attorney the next day. At this time, I submitted all my monthly expenses/bills/pay stubs to the attorney. The 22A/22C was due in 15 days. I asked for a client/attorney contract. He said in due time he'll send out a contract. I paid $1000 to get the ball rolling (he wanted $1500).
Day 15 comes around, and this is the first appointment time available for this attorney. I went to his office in the morning, and the guy doesn't have the 22A/22C done. So I leave at none b/c I had to get back to work.
The 341 arrives, and he finally shows me the 22A 15 minutes before my scheduled time. He calculates I have $500/mo. disposable income.
A few weeks later, the plan confirmation meeting is held. My attorney missed this meeting. My case was dismissed.
Due to some talk between my atty and the trustee, my case is back. I did an analysis of the 22A and noted that my attorney didn't expense out my mortgage correctly (delta of $400), and used a different county for the IRS standards (lost $50/mo. due to this). There were other bad assumptiona made (although my attorney had all the needed paperwork). The final determination was that I had a lot less than $100/mo disposable income. I showed my attorney my work, and he agreed that my calculations/expenses were correct. I asked him to refile a "corrected" 22A, and asked to convert to a chapter 7 (my assets are all exempt).
Cut to the chase, the attorney never filed this corrected 22A. He then missed the deadline for submitting paperwork for a different plan confirmation in August (we had 6 weeks to get paperwork completed), never converted to a chapter 7 per my request (I qualify), the trustee wanted the $500/mo., I was shoveling $100/mo. into the plan, and the trustee got upset and dismissed the case in the beginning of Sept.
I just filed a chapter 7, and plan to do it pro se. I want my money back that I paid to this lazy attorney.
Basically, he had to file one form, the 22A, and attend the 341 and plan confirmations. I feel like he dropped the ball, and didn't represent me.
Again, do I file a motion in bankruptcy court to ask for my attorney fees back, or bring it to small claims court? Or am I SOL without a contract?What is the name of your state?