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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 06-27-2002, 09:42 AM
kellibaby
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HELP...NO ONE IS REPLYING...Can I fire my bankruptcy attorney for misrepresentation?


What is the name of your state? Texas

My husband and I filed for Chapter 13 in November of 2001. We hired a firm that was recommended to us by another attorney. We had doubts when they insisted we file an "emergency" because they were going to be out of town at a conference. It cost us an several hundred dollars extra on top of the fact that we had less than 7 days to get all our paperwork together.

Then when we got our paperwork back from them that had been filed, there were errors. We called numerous times and left message after message for the paralegal and finally for the attorney himself. (We would told he would NOT return our calls.)

When we went to the meeting of creditors, we told the attorney our paperwork was wrong. He had to reschedule and placed the blame on us for not giving him the right information. We had given it, it is on our copy of the paperwork we filled out.

Our plan payment was huge because of their error and that led to several problems for us.

THEN, we received notice that part of our past due house payments were not included in the plan so we had to make those up for 6 months. So now, we are paying our house payment, a back payment of 800+ dollars, plan payment....way more debt than we had when we filed.

We have tried to get our attorney to talk to us. We have never spoken with him since the initial meeting and the meeting with creditors.

Today, we got a call saying that our 2000 taxes were never filed. THEY WERE SUPPOSED TO DO IT. They say they can't find the paperwork.

Can we fire them? What are the ramifications? Can I call the Trustee and talk to his office or him about it? Can we restart the bankruptcy due to improper representation?

Help. Now the mortgage company is saying they want to foreclose because we have not been making all the extra payments.

Last edited by kellibaby; 06-27-2002 at 06:15 PM.
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Old 07-08-2002, 11:49 PM
srhng
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I would get another lawyer. You may have to pay him but he could probably get you out of this mess.
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