Lawyer Bankruptcy Malpractice Issue

[No Relief]

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

In January of 2008 I hired an attorney to handle a possible bankruptcy case for me. I had lost my job months before and did not become re-employed until April of 2008. My wife and I (wife is employed) visited this layer and he explained to us that we had a pretty simple case and that she or perhaps neither would have to file for bankruptcy. Our biggest concern was losing our home to foreclosure. At this meeting he explained his fees. If one of us, namely myself, were to file for bankruptcy, the fee would be about $2000 but if we BOTH filed it would run us no more than $4000. In a week or so we called to inform the lawyer that only I would be filing.

He said that he would start negotiating with my mortgage company to see if they would re-write the mortgage. I began receiving certified mailings from the mortgage co.’s attorneys threatening foreclosure. I informed him of this and his response was “not to worry.”

He advised me NOT TO PAY the mortgage company as he was in negotiations with a “big wig” at that bank and he was working out a deal with this person for a re-write of my mortgage. He also said that I should not pay ANYONE (unless he approved) with the exception of my utilities and the like because we would be filing a Chapter 13 to save the house and later convert the “13” to a Chapter 7. I asked him when we were going to file and he said that we had plenty of time and not to worry. That he was still negotiating with the mortgage company. By mid-summer the mortgage company’s attorney’s letters were becoming more and more threatening.

About the third week in October, my daughter called me at work to inform me that there were 3 strange vehicles in our driveway including a police vehicle. I rushed home to find that the vehicles belonged to the mortgage company’s attorneys and they were there to foreclose on the property and hold an auction on the same. Remember, I was told by my attorney “not to worry … that he had a handle on everything. I called him immediately and he filed an “Emergency Chapter 13” to save the house. He told me later that day that he was my savior and that if it weren’t for his filing the emergency motion for bankruptcy, that I would have lost my home. I said nothing to him.

That same day he informed me to visit a website and take a course in consumer credit, etc. and send the proof I had taken the on-line course to him. He was late on this too. He said he had to do extra work to file the certificate of completion of the course and then proceeded to inform me that this was going to cost me extra. Again, I said nothing.

He said we had to file an official Bankruptcy, Chapter 13. I received a notice from the bankruptcy court a few days later and it said I had until a certain date to file the paperwork. This date was in three (3) days. I called him and he said everything was under control. The night before the filing deadline he summoned me to his office to review all the paperwork facts and figures. This after I had been working all day. He had computer problems. He had other clients. He had no time for me. His adjutant (office clerk) pointed to where I should sign. I reluctantly endorsed. I had questions but he did not make himself available to me. I posed these questions to his assistant (office clerk) and she would say, “Jeez, I don’t know. You’d have to ask him,” and then remind me to hurry it along (endorsing) because a deadline was looming.

He did show up at the hearing with the trustee. I’ll give him that but at that meeting I found that I would under the provisions of the bankruptcy, be required to pay back to my creditors an amount that we simply cannot afford. I was shocked. This amount left us with so little cash flow at the end of the month that it is MORE than a struggle to make ends meet. I had to stop paying into my retirement 401K (attorney’s advice) and last month I had to take out a loan against it just to pay bills. This is not Relief. It is actually (cash flow) somewhat worse than it was BEFORE the filing.

After the meeting (in the lobby) he rudely asserted that he would be charging the FULL $4000 as he was entitled to. He said that he “pulled my house out of the fire and saved it and that was going to cost me!!” I did not reply.

There are two (2) Line Items on the Schedule (J) that are killing us:

a.) The HUGE amount we have to pay back to the mortgage company (monthly over 3 years) because he did not negotiate a mortgage re-write. He told me at the hearing that the mortgage company (now that the global economy has crashed) had no motivation to do a re-write.

b.) My attorney awarded himself the full $4000 as his fee (I had already paid him $2300 for what he claimed to be, “a simple case.” This means I owe him an additional $1700 amortized over one (1) year. I also could not help but notice that he is charging me 17% interest on the balance he claims I owe him. This amount is part of the settlement in the bankruptcy filing.

Two weeks ago I received an affidavit from the court that was a Notice of Non-Compliance. What now??

It seems that my attorney failed to file an amended Schedule J plan as he had asked for. The court threatened to dismiss my case. I called his office but he would not talk to me. I wrote him a letter and emailed it to him asking why he did not file as he said he would do. He did not respond to my letter. I was livid!

Later that day his office clerk phoned me at work stating that I had to get to his office “pronto” to endorse paperwork. When I got there, he would not see me or answer any questions. Once again I felt compelled to endorse documents for which I had so many questions and he stayed behind his closed door refusing to confer with me.

Later that day, I received an email from my attorney stating that he petitioned the court to remove himself from the case citing that I did not take his advice but moreover that I sent carbon copy of my letter (the one he did not answer regarding the Notice of Noncompliance) to the bankruptcy trustee. He said I was not allowed to do that.

1.) I would like to file a lawsuit against my former councilor for not doing his job. Not only do I NOT want to pay him his additional $2300 + 17% interest, I would like my $2300 back. Simply stated, I believe I was robbed. If he had filed the bankruptcy back in April I would not have the problems I do now with the amount I have to pay my creditors. With all the stress and problems he created, I would like damages as well.

2.) I have no idea where to begin but Pro Se is a must for how I am feeling right now.

3.) One problem is that the bankruptcy court awarded him his fee and it is part of the monthly installment. How can I deal with this obstacle?

4.) Does anyone validate this? Or, is this just “how it goes” ?