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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2830
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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We received a discharge in August. We also received a letter

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We received a discharge in August. We also received a letter from the trustee stating that we had a refund due to us of $339.00 which was sent to our attorneys office. When I called his office to find out why he had not sent this refund to us he said his receptionist had misplaced the check and to call later in the week so I did. I told him I would stop down to his office later in the week to pick up the check.

I stopped in unexpected purposely because something just didnt seem right (had this feeling about him from the start) I asked for the check, his receptionist didtn know she missed placed it, she knew exactly where it was all the time (attorney through her under the bus). The attorney comes out quite nervous I might add, hands me a stake of papers stating that these were fees above and beyond the trustee approved fees that were already paid in the chapter 13. The so called extra fees were all related to the bakruptcy of course, they were all unanswered e-mails, matters related to our mortgage that he did not complete as he should have during the bankruptcy, etc. Here is where red flags come into play, He says to me "if you give me your refund check I will just forgive all these extra charges ($1,500).........really!!!
He wanted me to sign the check over to him, I told him I would Have to take it home because my husband would have to endorse it also, he didnt like that idea. Then I asked him "at the beginning of our conversation you said that you had not found the check yet, but if we were willing to endorse it over to you, it would have appeared. He said...I have to go now and abruptly walked out and slid into his back door. When I got home I told my husband about what just took place and he called the attorney and the attorney proceeded to tell my husband that he had mailed these additional charges to me monthly and I must be lying about it. He didnt know that I was standing right there and heard every lie he had said. My husband said to him if we owe you all that money then you contact the trustee and tell her that those charges should be added into the bankruptcy and we will continue the payments......he was addimate that he did not want to do that and that he was just trying to help us out and that he did not want us to contact the trustee. Is what he did illegal? Now we cannot refinance our extremely underwater mortgage because of all his screwups and there is nothing we can do because we dont have money to do anything. I wonder how many people he has done this to.

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. :

Did you have a contract with the lawyer?

Terry L. :

Was there a model retainer agreement filed with the court?

Terry L. :

Depending on the contract that the attorney used, he may need to get these costs approved by the court.

Terry L. :

You should review your documents and then contact the US Trustee's office if something is not right.

Terry L. :

Let me know if you have any other questions.

Terry L. :

please click accept so Just answer can close the question and I get credit for answering. thanks!
Terry

Customer:

yes we had a contract with him, yes there was a retainer filed with thecourt. He did have charges approved by the court $8,600. The $1500 was additional charges he came up with after he had the other charges approved. The court doesnt know about them. These charges are from the day after he had the $8600 approved until the week before we received our discharge. All of these charges are for things that he should have done and was already paid for. I just got off the phone with Wells Fargo to find out that due to our attorney not doing his job we are not eligible for a mortgage modification, they said this should have been done while in the bankruptcy.

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