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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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my current bk attorney is shilling for an attorney who lost

Customer Question

my current bk attorney is shilling for an attorney who lost his license for a year due to a DUI. He has failed on two occations to get my schedules right and caused the Trustee to drag this on for another month with more inquiries and making the trustee freak out because I was not properly instructed on what I can and can't do.

Nobody will talk to me about this due to attorney client relationship but I want to know if I should try to change my attorney to get the proper instruction.

Thanks,

S
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

What chapter did you file under?

 

What are the issues with your schedules?

Customer: replied 4 years ago.

I filed under Chapter 7

 

Issues:

 

1.) Trustee is asking for me to produce records of businesses through my 4 LLCs which were only used for sheltering rental properties. Any income and expences were solely reported on my personal tax returns and not business returns which is perfectly normal. My attorney did not put this on the schedule as instructed or did not get it to the Trustee. Now the trustee wants me to produce income and expense data that does not exist.

 

2.) I was asked questions at the hearing that I had answers to but was not preped by the attorney to have available.

 

3.) I gave the attorney documentation to be made a part of the schedules like income and expenses that were never passed along to the trustee.

 

4.) I was told to pay any bills that I had outsanding before my attorney filed. The Trustee got mad over this and said I should not have done that. When my Attorney argued, the Trustee shut her down and now wants a full acconting of all my payments.

 

5.) I did not mention that I am not well. I got into this mess because of an aneurysm that threw blood clots. I don't feel well and am not tracking well, on a bad day I am doing better than my attorney.

 

6.) During the last few moments of my hearing, the trustee rattled off all the things she wanted me to produce. My attorney wrote them down, I wrote them down and the Trustee's assistant or clerk wrote them down. The assistant gave me her list and my attorney gave me her list. The lists were very different. I made a list and it was different from both of them. I have to meet again on the 28th of May and I want to get the list right.

 

I am on my own here. I asked the attorney why she is only charging me $800.00 for this BK? She said that is what she charged. I even argued how can this be enough?

 

I want to know my options on having an attorney that can actually give me proper guidance and support.

 

What are my options in getting new representation?

 

Steve

Expert:  Phillips Esq. replied 4 years ago.

 

Thank you for the clarification.

 

my current bk attorney is shilling for an attorney who lost his license for a year due to a DUI. He has failed on two occations to get my schedules right and caused the Trustee to drag this on for another month with more inquiries and making the trustee freak out because I was not properly instructed on what I can and can't do. Nobody will talk to me about this due to attorney client relationship but I want to know if I should try to change my attorney to get the proper instruction.

 

Response: Yes you should switch attorneys. You may be able to get another bankruptcy attorney to further assist you with the case. Any attorney you want to retain would like to know why you are getting rid off your current attorney. Most attorneys would not want to get involved when a potential client has already fired her attorney. So, it would be necessary for you to explain to a new attorney why you want to get rid off your current one. The potential attorney would also need your docket number to review your case to decide whether to take the case or not.

 

Click here to find local bankruptcy attorneys:

 

http://www.nacba.org/

 

http://www.naca.net/

 

http://www.justia.com/

 

 

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