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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I was discharged from a Bankruptcy (chpt 7) in December 2010.

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I was discharged from a Bankruptcy (chpt 7) in December 2010. Now, I have been issued a Subpoena from the Department of Justice for the following: MOTION OF THE UNITED STATES TRUSTEE FOR REVIEW OF ATTORNEY'S FEES AND DISGORGEMENT OF FEES UNDER 11 U.S.C. 329 AND FOR SANCTIONS UNDER 11 U.S.C. 105 AND MEMORANDUM IN SUPPORT

I have asked the attorney who represented me in my bankruptcy to give me something in writing that would detail me not being charged any monies for her appearance for my Deposition this Wednesday March 9, 2011. She verbally agreed (January 20, 2011 @ 7:24pm via cell phone conversation) that I would not be charged any monies whatsoever for this proceeding and also stated that it would not reflect on my discharge. I have sent her an email asking for something in writing a month later, and she has responded back saying, “You should receive a letter shortly from Mr. Grafton addressing your concerns regarding fees for this particular portion of the Bankruptcy case (Friday, March2, 2011)
Ms. Linda Barr will not communicate with me because she says I am represented by counsel, but I did not hire the law firm for this proceeding. So, how do I proceed with what I need to do because I have to be in court this Wednesday for my Deposition? I read over my Retainer Agreement and I have read nothing about what happens after the discharge. Please help because I keep getting the run around from both ends. On the one hand, Ms. Barr and her office will not talk to me directly because they are not allowed to issue me legal advice due to me being represented by counsel. And on the other hand, the attorney who did my Bankruptcy will not give me something in writing that states I will not be charged any monies for her legal advice at my Deposition. To be honest I would much rather go it alone, so can I? And if so what paper(s) do I need to submit to the court to show I have no representation. Thanks!!!!!
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

This proceeding is against your attorney, not you. The trustee thinks your attorney may have charged you too much to file your Bankrutpcy and if this is true, your attorney will have to pay some of that money to the Bankruptcy court and/or back to you. You received a subpoena because you will be asked to testify as to the amount of money that you paid.

Your attorney must show up for that hearing, and he or she does not have the right to charge you anything for doing so.

So, you can go to the proceeding without your attorney, but your attorney must show up anyway to explain their charges.

 

I think this is what you wanted to know. If not, please let me know.

Thank you!

Customer: replied 3 years ago.

 

Yes and no. I understand what I'm going to court for, my concern is that I will be charged a fee for the lawyer coming to court and saying anything on my behalf from the Law Firm I hired to do my Bankruptcy.

 

Ms. Barr with the Dept. of Justice will not speak to me because she says I am represented by counsel. My concern comes into play because I received my discharge in December and do not want to be charged attorney fees for the Deposition coming up this Wednesday. Is there a form I need to fill out saying I am not represented by counsel? Additionally, when I called Ms. Barr's Office, they said they couldn't tell me anything because it would be giving me legal advice and I am represented by counsel. I then said, that what I hired my attorney to do has been completed, so how is that I still am represented by counsel when I have received a Discharge in my Bankruptcy. The office said that they understood my concern, but I would have to talk with my attorney. Just a little confused as to what I need to do or how I should proceed come Wednesday. And thanks for such a quick reply!!!

 

Expert:  cfortunato replied 3 years ago.
Your attorney has to give you a written statement that says you are no longer being represented by him. That is the only thing that will allow the DOJ to speak with you.
Customer: replied 3 years ago.
Thanks. So if I do not get something in writing from my attorney, I could be charged for her appearance in court wednesday?
Expert:  cfortunato replied 3 years ago.
No - because your attorney said that you would not be charged. It doesn't matter that you do not have it in writing. A verbal agreement is just as binding as a written agreement.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

Oh my goodness, you have no idea how much weight has been lifted off of me. I appreciate your time, I appreciate your knowledge, and I appreciate YOU!! Thank you so much,

 

LoriLaughing

Expert:  cfortunato replied 3 years ago.
You're welcome! And thank you for accepting my answer, and for the bonus!

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