not following guidelines set by the court

[ilcmd1]

What is the name of your state?What is the name of your state? I am in California. When filing our petition for CH.13 Bk., an automatic stay was in effect. At that time, husband's wages were being garnished for ARREARS only child support(child is 26). Filed petition 11/2003. County of San Bernardino Child Support Services was sent notification. Wages continued to be garnished. Our attorney contacted SBCSS to in form them to stop the garnishment. Garnishment continued until 02/2004.
According to guidelines as what a creditor can not do, unless they petition the court to have the stay removed, this is an act of contempt of court.
Notices from this agency also said they were reporting hubby to credit bureaus and to the IRS to take our home or take our bank account monies. All this is going on prior to confirmation. I informed our attorney, but alas there is no financial gain in filing contempt charges against a state agency, nothing was done. The judge was not informed nor was the Trustee as to the violations that were occuring. Is this a matter of malpractice by our attorney ? Also, in court I spoke up to inform the judge that the child support agency also put a lien on our home, another violation of contempt. Both our attorney and the state's attorny were asked by the judge why this was done and the response was they were working it out. The judge mentioned something about santions, but nothing was done. I feel if the judge was informed as to all the contempts of court that the state committed, he might impose sanctions on both attorneys. Am I correct and what can I do about this since my attorney has failed to do anything about it ? Thank you

[stephenk]

is the bankruptcy still ongoing?

[ilcmd1]

i am in california

Yes, it is supposed to be confimed by the judge this Tueday.

[ilcmd1]

I am in the state of California

Stevenyk,

Please read my post "2nd time around" it is 3 posts below this one. I did ramble somewhat, but I am facing so many issues regarding this Bk/ that I don't know what to do. In the Trustee's paper work it states that if you have a lawyer, you can't file any petions or motions with the court. The amended plan is not even feasible, as it does not include the 10% accrueing interest on the arrears child support. The 1st draft was written so that we pay $251 for 30 months and that included the interest. Now it says pay $211 per month and does not have the interest included. This is what happened in the Ch. 13 we filed in 1998 and completed in 2003. We assumed the child support was paid in full. There was no interest included in the attorney's petition nor did the Trustee bring it up. I am sure he knew that they charge that interest and that it is not dischargeable. Also, I found so many descrepancies in the child support accounting. There were payments that were not credited as far back as 1984. The payments were made by wage garnishment. My husband had almost all the paystubs that listed the current paid and the year to date total. He worked for Von's at the time, so you know they were reputable and forwarded the payments. I also discovered many tax intercepts that child support did not credit either.
I prepared an accounting from the numerous accountings we recieved from child support. I included all wage garnishments, tax intercepts and a 2nd wage garnishing that started before the 1st Bk was discharged(another contempt) Well, when our attorny filed all the copies and documentaion with the court, he failed to include the actual accounting that I spent considerable time figureing out. The judge said he can't make heads or tails of a bunch of paystubs and receipts. So to keep the judge from dismissing, attorney said my clients are not accountants. The judge said we needed a forensic accountant and that we had to pay all fees. I said ok, but if I prove the county of San Bernardino wrong, then will they be responsible for the accounting fees ? He said no. I won't go on about who we ended up with and all the delays from the county attorney causing the fees to go up to $5,743.00. I must tell you this then I will stop. The attorney from child support services and our accountant , attorney, my husband, and myself, sat in our attoney's office for 2 hours while the accountant went over every wage garnishment and tax intercept. The county's attorney, by the end of the meeting agreed that we only owed $1,450. This was on a Thurday and we were to go to court that next Wednesday. Accountant prpared accounting according to what both attornies went over and agreed upon. He made 4 copies of all the documentation, paystubs etc. That cot almost $425.00 as he did it at Kinko's. on the Monday, the 14th, 2 days before going to court, the San Bernardino Child support attorny contacted the accountant and said after having their financial person run the figures, we actually owed $9,700, which was $250 more than they originally asked for.
Iwas supposed to work with this woman from child support services on the figures. She told me that my husband's original pastubs from Von's and the Tax intercepts were not acceptable evidence and that I needed to provide the cancelled check that Von's paid them with. She stated that the IRS and the FTB probably took the money back from child support sevices if they didn't credit it. I said if they did that then my Husband should have gotten the money back.
When I told the judge that they would not accept as evidence the paystubs and tax intercepts, he said he decides what is acceptable.
So, by them trying to keep me from showing how these monies disappeared to who knows where, they would not work with me, therefore causing us to have to get this accountant who was not a forensic accountant, but his dad was a lawyer and he new the trustee and the judge. Now, after I continued to work with the accountant and persist in what I knew was right and wrong, they came up with us owing $6,700 and the first claim was for $11,787. According to U.S Law, under government agencies, they actually did not follow the procedures set up for all govenment agencies. I had also read that when you prove the other party incorrect, even if the balance was not brought down to zero, that they should share in the costs that are incurred. I think the balance dropped consderably, but I am still not satisfied with this accounting. I even asked our attorney to bring up the accountants fees and all the extra work and time they caused by not cooperating and agrreing to things , then going back to the original figures. They had gone through 4 different accounting systems over the timeframe my husband paid. They are changing to a new one right now, Oh no. I am sorry to go on about all this but venting is good. This is only half of the problems. I won't go into the predatory loan servicicer that threatened foreclosure, then admitted to my attorney that I was not really in default. That is what originally started this 2nd Ch. 13. I just don't know what I can do or am allowed to do regarding the confirmation hearing that should not be confirmed and I do not want the judge or Trustee to ask for a dismissal when all this doing was not because I was dragging this out. Again there are so many contempt of court issues from the 1st Bk and the 2nd one both by the county of San Bernardino and Fairbanks Capitol Corp (class action law suit nationwideagainst them for predatory loan sevicing) Thank you.

Claudette

[NothingIsSimple]

I'm no atty - simply another individual that has ongoing issues with county/state/city agencies in addition to 2 of 5 attys guilty of malpractice. I only wanted to say that I can relate very well to all the issues that ensued because of documentation that was not brought up or utilized, i.e., your cost acctg. Then to have more costs added on to the disputed cost due to time, penalties, interest, etc. is in my opinion, outrageous. I totally understand, have been there and am still trying to get some legal issues resolved. I often feel I am simply moving pots around on the stove while charges are being racked up. I would welcome just the normal "go wrong" problems, as mine usually are exceptions or have more twists and turns than the yellow brick road. Hey, maybe we should consider becoming consultants ?

I wish us the best - take care!