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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2562
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I WENT TO AN ATTORNEY LAST THURSDAY ABOUT POSSIBLE DOING A

Resolved Question:

I WENT TO AN ATTORNEY LAST THURSDAY ABOUT POSSIBLE DOING A BANKRUPTCY. THEY GAVE ME PAPERWORK TO FILL OUT AND TOLD ME TO SEND IT IN OVER THE WEEKEND. I FILLED OUT PAPERS AND TOLD THEM IF I DECIDE TO GO THROUGH WITH THE BANKRURTCY I DID NOT WANT THEM TO FILE IT UNTIL MONDAY.
I SENT ALL THE PAPERWORK OVER SUNDAY TO THE PARALEGAL AND HE TOLD ME HE WOULD SEND ME OVER A PETITION FOR ME TO REVIEW AND THEN UPON MY REVIEW AND PERMISSION HE WOULD FILE. I TOLD HIM THAT WAS FINE BUT i WOULD NOT BE HOME UNTIL 1 AM BECAUSE I WAS GOING TO THE ATLANTA FALCONS FOOTBALL GAME THAT NIGHT. I SAID ONCE I GOT BACK I WOULD REVIEW IT IMMEDIATELY. WHEN I GOT HOME THAT NIGHT AND WENT TO MY COMPUTER I HAD A MESSAGE ON MY E-MAIL FROM THE PARA LEGAL THAT SAID MR. RIDGEWAY I HAD TO FILE AN EMERGENCY FILING SO I COULD GET A CASE NUMBER XXXXX GIVE TO AN ATTORNEY WHO WAS SCHEDULED TO FORECLOSE ON MY HOME TUESDAY. SINCE THEN THE FORECLOSURE WAS NOT STOPPED AND I HAVE LOST MY HOME. WHEN HE FILED MY EMERGENCY FILING HE SAID HE WOULD GET MY INCOME INFORMATION AND OTHER THINGS TO COMPLETE THE FILING. HE SAID HE HAD ONE WEEK TO GET THIS INFO. I AM NOT AT ALL HAPPY WITH MY ATTORNEY WHO WAS SUPPOSE TO FILE PAPERS FOR A SUIT TO QUIET TITLE OVER A MONTH AGO AND JUST DROPPED THE BALL AND DID NOT FOLLOW THROUGH.
MY MAIN QUESTION IS CAN I NOT GO THROUGH EITH THE CHAPTER 7
AND TELL THE COURT I DID NOT WANT TO DO IT AND IT WAS FILED WITHOUT MY FINAL CONSENT. OR CAN I JUST NOT COMPLETE THE FILING AND IT WILL GET DISMISSED.
MY BIG CONCERN IS THAT I DO WANT TO DO A CHAPTER 7 EARLY NEXT YEAR AND I DO NOT WANT TO LOSE MY RIGHTS TO FILE ONE.
I REALLY WANT TO USE A DIFFERENT LAWYER BUT I AM AFRAID I MIGHT BE STUCK USING THE ONE WHO MESSED ME UP.
SHE IS VERY WILLING TO WITHDRAW AS MY COUNSEL AND I AM VERY WILLING FOR HER TO DO THIS.
I NEED TO BE ABLE TO DO A CHAPTERXXXXXOR ANOTHER BECAUSE I AM GOING TO GET A VERY HIGH PAYING JOB IN 2013
AND I HAVE A LOT OF DEBT I NEED TO DISCHARGE NOW BECAUSE I HAVE BEEN OUT OF WORK FOR OVER 3 YEARS.
THANK YOU FOR YOUR HELP
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 2 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Quite the situation here!

Terry L. :

First off, let me clarify a few things.

Terry L. :

1. If you did not have your counseling class, and you did not sign the petition, the petition was bad and the case should be dismissed.

Terry L. :

2. it is true, the only way to stop a sherriffs sale in foreclosure is to file before a sale date occurs.

Terry L. :

3. This would be under chapter 13, if you have no previous ch13's, then you get the automatic stay protection. The sale would be vacated if so.

Terry L. :

4. If you wanted chapter 7, it would do nothing to stop the foreclosure ultimately. (it would stop temporarily until the lender asks the bk court to continue it).

Terry L. :

5. If you completed your credit counseling, and you signed the petition, you can continue the case. You can file the necessary documents and amend any incorrect ones (or your attorney will)>

Terry L. :

6. IF you did not authorize this, you can sue the attorney (and his clerk/paralegal) for malpractice too.

Terry L. :

7. If your case is dismissed, you can refile when you are ready.

Terry L. :

Ok, that being said, what questions do you have?

Terry L. :

If you know your income is going to increase, your bankruptcy schedules would reflect that on schedule I

Terry L. :

If it's not certain, then you wouldn't have to

Customer:

I WANT TO LET IT DISMISS IF POSSIBLE.

Terry L. :

Ok, you should fire the attorney.

Customer:

IS THERE A WAITING PERIOD UNTIL I CAN FILE A CHAPTER 7 AGAIN.

Terry L. :

If you/the attorney, don't have all the necessary documents, the court would dismiss the case too.

Customer:

I DO NOT WANT THIS ATTORNEY REPRESENTING ME IN A CHAPTER 7

Terry L. :

Otherwise, you can file a motion to dismiss the case yourself, stating that the attorney filed it unilaterally without consent, etc.

Terry L. :

You I hear you.

Terry L. :

IN your motion to dismiss, you can also ask that the attorney be terminated

Terry L. :

You should send that attorney a written notice of their termination too, requesting a full refund, including filing fee if you already paid them

Terry L. :

You don't want to keep the home?

Customer:

i do not want to keep the home.

Terry L. :

Ok, cool

Terry L. :

then ch7 may be the best way to go.

Terry L. :

Why did you want to wait until next year to file?

Customer:

i did want to stay in it until february and she told me the filing would stop it.

Terry L. :

You can also hire another attorney to patch this case up and continue with it. That way you would only have this bankruptcy case on your record, not two.

Terry L. :

If she filed a ch7 for you, it would only buy you a little time. no guarantee they would wait to feb

Terry L. :

They could modify the protection you get, and continue the foreclosure in as little as a couple weeks.

Terry L. :

if they wanted to move that fast.

Customer:

i am not sure if i understood your answer about filing a chapter 7 again i am not worried about it reporting two times. i am worried if case is dismissed that i would not be allowed to file a chapter 7 for a specified time. are you saying there is no waiting period after dismissal

Terry L. :

If your case dismisses for failure to file documents and such, there is usually no bar to refiling a new case in most cases. The court could impose a bar to refiling in their discretion though, and if they do, it's usually only 6 months.

Terry L. :

You may want to consult with another attorney to fix this current case, it may not be too late to patch it up.

Terry L. :

have you received any motions to dismiss the case?

Customer:

i have to go pick up my child in carpool. you have been very helpful

Terry L. :

ok, feel free to request me for any other questions. Your Falcons are doing great! Maybe they'll meet my Bears in the Playoffs!

Terry L. :

Good luck to you>
Terry

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2562
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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Terry L.
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Bankruptcy Lawyer
2562 Satisfied Customers
Better Business Bur 15yrs bankruptcy experience. Chicago Bar