is this legal?

[alicia57]

What is the name of your state? California

I went to an attorney in the town where I live. I gave him $2,000.00 to retain his services and file for bankruptcy. It has been over 1 year and he has still not filed the case in bankruptcy court. He says that due to the new laws there have been inevitable delays. My creditor continue to call and harrass me for the debts that I owe, they say that they have bot been contacted by this attorney. I also almost deal exclusively with their bankruptcy specialist who is not an attorney but says she and the attorney represents me. I don't know where to turn, I was told by this specialist that if I take my case to another attorney I would be getting my money back. Is this the way bankruptcy cases go? and is the timetable they are acting on withen the legal limits? money was given to them May 5th 2006. thank you

 

[MSACOLLECT]

Talk to another attorney

I would talk to another attorney. Sounds like your attorney is stalling for some reason.

However, once you have retained the attorney, the collection calls have to cease or you can sue those people continuing to call..... if it a Collection Agency. That is part of the FDCPA and it is there to protect you.

I would also check with the CA state bar to see if the attorney you retained is in good standing and also see if any sanctions have ever been placed on the attorney. Sounds like he/she is just not organized enough to be any help to you.

 

[Betty]

When the papers are filed, the calls stop & the automatic stay kicks in.

 

[bigun]

It's time to file a complaint with both your state bar association and, the master trustee for your districts bk court. For sure see another lawyer.
Unless the following is a typo, I'd demand my money back.

I was told by this specialist that if I take my case to another attorney I would be getting my money back