Need to file Motion to Reconsider in Cleveland, OH

[keepmyhome]

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

I have a Chapter 7 filed in 06. My b (bankruptcy) lawyer refused to answer legal questions (proof in emails) and instead just resent documents. Then was rude when I asked questions.

Originally my b lawyer drove me to another lawyer's office (later known as trustee lawyer) to help me file predatory lending against the mortgage company. That lawyer ended up buddying up to the bankruptcy trustee without me knowing what was going on.

Then those two took over and setup private meetings in the trustee lawyer's office with the mortgage company, broker, title company, and appraiser. I was not able to find out anything that went on in those offices and it was based on my mortgage.

Due to the time involved in the case I can't find any lawyer to work with me. I suspect my lawyer (who never worked with me plus rudely rejected my legal questions) knows I can't find another lawyer.

Now as of the 14th the trustee and her lawyer (whom I handed my predatory lending case to) settled behind closed doors for $5000. I want to file a "Motion to Reconsider" siting my lawyer's failures to represent me, siting from the case that more than $5000 was affected in the appraisal value they came up in order for them to receive their high fees, and need more time to replace my lawyer.

Here is a specific question my b lawyer refused to acknowledge. It is a very black and white legal question too. "Did you know in the "claims register" the trustee is only allowed $924.87?" The Claims Register was done after the Nov discharge I believe. I have everything in emails, so if you want to view them, I have no problem with that at this point.

I want to file a "Motion to Reconsider" and wondered if anyone has a good template format I can use.

 

[keepmyhome]

Please help with the Motion to Reconsider

This really is urgent to take care of. It has been a long road and I have asked for help along the way, but have not found anyone yet who will respond. What can I do when my lawyer refused to answer legal questions, plus everything else that has happened in the case without me being allowed to witness what was said? Why is it okay to have private meetings with a mortgage company, title company, broker, and appraiser, without me listening in like in an open court hearing?

I never knew lawyers could just boot you out like that and just push you aside. The first day of those sessions I called my bankruptcy lawyer several times, just to never receive any call back. I took the bus all the way over to the trustee lawyer's office who was conducting those private meetings, and then was cussed out by the trustee. That was the first time I learned the trustee was even there. They treated me like I had no right to know anything that was going on. The trustee told me to talk to my bankruptcy lawyer, but that person never returned my calls, nor tried in any way to help me be able to listen in on those meetings. My own lawyer also lashed out at me for asking several times what was going on. I have email proof of that. I never thought I would just be pushed aside like that by all three, including my own bankruptcy lawyer. Don't I have any recourse against the bankruptcy lawyer for those actions against me and my case?

Those facts are part of my "Motion to Reconsider" along with the fact that the trustee was only allowed a max total of $924.57, not $5000, plus the damages from the mortgage predatory lending practices found were higher than that. I have extensive information from the trustee lawyer of Truth & Lending violations in the closing papers. Don't I have any rights here at all?

 

[keepmyhome]

Why NO response?

Please tell me why not one person responded to my posts. I don't understand It just makes me feel even more alone to handle it all, and I guess I will, as I have had to do alone so far.

 

[tranquility]

BK is a technical field. When one has specific facts and wants specific answers, no one will respond in more than the general.

In your case, you also make wild accusations for common events. Anyone who has posted on the forum for any length of time know where that conversation will lead quite quickly.

Finally, you want a specific remedy which is rarely granted.

I think it unlikely anyone here will be able to help you.

 

[keepmyhome]

? What accussations ?

BK is a technical field. When one has specific facts and wants specific answers, no one will respond in more than the general.

In your case, you also make wild accusations for common events. Anyone who has posted on the forum for any length of time know where that conversation will lead quite quickly.

Finally, you want a specific remedy which is rarely granted.

I think it unlikely anyone here will be able to help you.

If my information sounds wild to you, then trying being in my shoes living it! I don't understand such behaviors from attorneys or the trustee either. I only explained exactly what happened. Certainly there must be someone who has experienced problems of this nature with attorneys. I'm sure I can't be the only person.

Or at least someone has an example of a "Motion to Reconsider" and can tell me what I'm supposed to place in it. My lawyer refused to work with me, and because the lawyers made the case so complex, no other lawyer will work with me either, not even legal aid. I don't understand at all why. My information is valid and true. I have emails to prove my lawyer's negative attitude and refusal to answer legal questions. How do I report the lawyer when the person did not represent me? Is it the Supreme court? I was reading about the Bar Association and also looking for how lawyers receive a license here in Ohio. I'm just not sure what to do and feel very much alone.

 

[keepmyhome]

Please explain

Please explain what this means?

"In your case, you also make wild accusations for common events."

What common event? The lawyer can have private meetings about my mortgage without me present, or knowing anything that is said, with the mortgage company, title company, broker, and appraiser? Break it down for me and tell me what do you call a "common event" and what do you think are "wild accusations."

As far as explaining actual behaviors, I am telling the true and don't understand why these people involved would not allow me to at least listen to all the testimony in the case. I have a right to know what is being said back and forth, which is why I went to the courtroom. It is MY mortgage they are discussing and the final judgment will be my future. If my name is on those papers, I have a right to witness what is going on "as it is happening." If not, then why not?

 

[Texas Pooh]

Keepmyhome,

Just a few thoughts - but I'm not going to engage you in further discussion, because tranquility is right - you won't like the answers.

It is entirely appropriate and very common for your bankruptcy lawyer to meet with the trustee and the trustee's lawyer without you. This is very common.

Also, you need to understand that any claim you had against your mortgage company became the property of the estate. Thus, the Trustee has the right and, in fact, the duty, to assert that claim (if they think it has certain value, which apparently the trustee did). Once the Trustee makes that determination, the Trustee has the duty to handle the claim and can make the decisions about resolving that claim. If the Trustee felt that settlement was in the best interests of the creditors (given the cost of proceeding with litigation, for example) the Trustee certainly could do that. The trustee then must seek the approval of the court for the settlement, which the court will do if it finds the settlement reasonable under the circumstances.

You don't have standing to file a motion for reconsideration - its not your cause of action.

If you didn't like the way your bankruptcy counsel was handling your case, you should have fired your counsel at that point and replaced him/her. If you feel that lawyer has committed malpractice, file a complaint with the bar association or sue him/her for malpractice.