Our Attorneys advice

[tams104]

What is the name of your state? Tennessee We were in chapter 13 bankruptsy our attorney told us that we finally had our morgage caught up and suggested we pay him another 700 dollars and convert to chapter 7. Since our morgage was totally caught up we could reafirm with them and continue on with our payments. Well 2 weeks after we went to the creditors meeting it hits the newspaper our attorney licence has been suspended. Well during this time we found out we still owed arrearages on our morgage. I have contacted our Attorney numerous times and he kept telling us it would be ok then said we needed to find out what the problem was, well we did, we recieved a letter from Bank of America Friday then today Saturday we get a registered letter from their attorneys stating they will sell our house on August 17, what the hay are we suppose to do now ?? Can we go to the bankruptsy court and appeal something or can we get back in chapter 13 ?? I am ready for a neverous breakdown !!!! What do we do with this attorney ?? Bank of America with each of our phone calls to them has never given us a dollar amount that we still owe them either, what we get is a break down of what the trustee paid them and then the registered letter today. HELP PLEASE!! Thankyou Tammie

[tigger22472]

Originally Posted by tams104

What is the name of your state? Tennessee We were in chapter 13 bankruptsy our attorney told us that we finally had our morgage caught up and suggested we pay him another 700 dollars and convert to chapter 7. Since our morgage was totally caught up we could reafirm with them and continue on with our payments. Well 2 weeks after we went to the creditors meeting it hits the newspaper our attorney licence has been suspended. Well during this time we found out we still owed arrearages on our morgage. I have contacted our Attorney numerous times and he kept telling us it would be ok then said we needed to find out what the problem was, well we did, we recieved a letter from Bank of America Friday then today Saturday we get a registered letter from their attorneys stating they will sell our house on August 17, what the hay are we suppose to do now ?? Can we go to the bankruptsy court and appeal something or can we get back in chapter 13 ?? I am ready for a neverous breakdown !!!! What do we do with this attorney ?? Bank of America with each of our phone calls to them has never given us a dollar amount that we still owe them either, what we get is a break down of what the trustee paid them and then the registered letter today. HELP PLEASE!! Thankyou Tammie

My question is ... were you paying the mort. up? and if so where did that money go? to the attorney?

When an attorney is suspended, GENERALLY, unless it's a MAJOR MAJOR infraction they are given a period of time in which to get their affairs in order and to contact all clients. You only mention that you saw the notice in the paper... it does not indicate when teh suspension was to begin.

[tams104]

The paper stated he had untill July 8th to notify all his clients by registered mail. When we first went into chapter 13 it was coming out of my husbands check going directly to the trustee. Once we came out of that we made the payments directly to Bank of America Starting in April. But according to their records that payment took care of March and we still owe for April May June and July. We sent Junes payment or what we thought was Junes payment and they did not except it. During this time I have stayed in constant contact with our attorney, because of the variance in what he said being our attorney we owed and what Bank of America said we owed. So far all we have gotten is a registered letter telling us when they will be selling our home. So were do we go from here ?? Back in chapter 13 if the law allows it ??? Homeless ?? Back tracking for a min. No we didn't receieve anything in the mail from our attorney stating his licence had been revoked. Even though the paper said all his clients were suppose to. Maybe he felt he had finished with us since he took our money wrapped up chapter 7 and hung us out to dry. I will be sitting at his front door Monday morning when he gets there. I am sorry if this comes across as bitter but I am bitter I trusted that our attorney was acting in our best interest and not his own... Thanks

[tams104]

Tennessee. Now what do we do ?? I contacted our original attorney and he could care less. He said we could back into chapter 13. I also contacted the attorney for the bankruptsy court here, he talked with me at great lenght. Now what do I do. Its going to cost us 7 thousand dollars in arrearage for our house. plus we now have to pay for another attorney, even though he has been disbared is there anything we can do to him ?? I was told that attornies stick together that is fine I am not wanting to dog him out I want him held accountable for what he did to us, and I am sure we are not the first ones he did this to. I called a attorney and he ask me why we didn't follow up with what our attorney was telling us, well I don't have an answer for that one except we paid him to represent us, I had no clue that we should be following up on everything he was telling us. So what do we do now to recoup some of the monies we are out ?? Let me state we are not trying to beat anyone out of anything we entered chapter 13 to repay our debts and to do the right thing. So how do I contact the board that over see's attornies ?? Would it help to write them and let them know what has went on? Or do we take this on the chin and say oh well and get back into chapter 13 and start over there. ???? Just to let you know the chin is not feeling so well right at the moment.. Thanks for your help Tammie