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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-05-2009, 10:14 PM
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Join Date: Oct 2008
Posts: 8

Trouble with my Bankruptcy Attorney. Arizona


What is the name of your state (only U.S. law)? Arizona

Hello,

I filed Chapter 13 two years ago. A little over one month ago, I wanted to see what my credit score looks like and I checked my credit reports. While doing so, I noticed that a creditor who was included in my Schedule B turned the debt over to a collection agency which is reporting the debt on the credit report as a collection. I contacted my attorney and was advised that the collection agency will be contacted to retract the collection reporting. About 2 weeks ago, I received a collection notice from said collection firm. I handed the letter over to my attorney (who was up to that point very helpful and his assistant as well) who advised that we will sue the collection firm. His assistant told me that I'd be the guinea pig since my lawfirm never sued anyone before. This didn't bother me so much really, I just wanted to be kept informed on what is going on and what I should expect. After 2 weeks, I called the lawfirm to find out where we are, what was done or if anything was done etc...the assistant had no answer for me and told me to call back the next day (this time in not as nice of a tone anymore). I called back the next day and she stated she still doesn't have an answer for me, no info since another person in the office handles these matter and he is out with the flue and my attorney has been in court. She furthermore advised that she will get with him (who should be back after about one hour) and then call me back (this was last Thursday). I got no phonecall. I figured I'd give them some time and not bug them. Today, Monday, I called the firm and got voicemail, I asked for a return call and advised if, since I was on my way home from work, if I didn't hear back by the time I got back into town, I'd just stop by the office. So I did. The assistant "wasn't in", the handling person "just left" and the attorney is in with a client. The lady that told me these things asked that I'd leave my number and she'd give it to the attorney, the assistant and also the handling person the next day. I emailed my attorney twice last week, all I wanted was an update, to see how things are progressing or if anything had been started at all. Thus far, he was always good with responses and now, I get nothing but silence.
I feel that I am being blown off by the attorney and his staff and I don't know what to do and how to handle this. There is a collection agency breathing down my neck who is representing a creditor that was included in the Chapter 13, my attorney makes a promisse of action and I would like to know what's been done, what I should expect and I get only silence.
What should I do ? I am startled by the sudden unpleasant treatment that I am getting and I fear the collection agency to come after me once my Chapter 13 has been discharged which will be in one year (went for a 3 year plan).

Thank You
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