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Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
You should file a response to the motion, set out the work you did, and ask for a refund of attorneys fees paid
The court will take your account seriously, and if the attorney did not do what they are required to do, they can order the attorney to pay you back some fees
You can either bring your motion to modify the plan and for loan modification approval yourself, or hire an attorney to take on the rest of the case
You can file a complaint as you stated.
The judge won't respond to your letter, so you should do it as a response to their motion to withdraw
How hard is it to file the motion myself for the payment plan modification? THe court said it is difficult to do on my own. Is that true? Would it be best to hire another attorney to do this?
The court will likely let her withdraw, but can award you some refund of fees if you make a stink about it
It's not too hard, although I'm a lawyer.
You can ask for a reduction in payments if the budget supports that and the plan has room
It's not simple. Check the court clerk -they may have a help desk to assist you with pro-bono attorneys
Exactly. I am a nurse, so I was worried about the calculation part of the motion.
you can ask to defer any default too
You need to file amended schedules I & J to show the current income and expenses
you'll need to send notice to all creditors, and the trustee too
And file a deferment as well if needed?
An attorney may be able to receive their fee from the case payments too, so it might not cost you anything up front
it's worth a few calls
cases can go up to 60 months
you can bring the motion to modify and defer all in the same motion
and should I continue my complaints against her as well?
My case is so close to being over with only 14 more months to go. Her advice with her last email said to dismiss the case and start over. I dont want to do that
if the attorney violated a rule of professional conduct then the agency should be informed
they'll do an investigation
Ive paid her 4000 dollars. I just wanted her to finish her job. I am so disappointed and upset
yeah, I hear ya. If there is room, you can stretch the remaining balance over the remaining months of the case, up to a total of 60 months
The court can order the attorney to pay you back if they haven't done their job, so be sure to file an answer to her motion to withdraw
show up to the hearing too to state your side.
the hearing for her withdrawel?
She never even notified me. I found out from the trustee yesterday when I called them.
I've seen the court disgorge fees that weren't earned if the attorney didn't do thier job as needed
How do I find out the date of the hearing?
So to recap:
tell that to the court too if you weren't served with notice
you can call the clerk to get the date time location
I was not served
bankruptcy court clerk will have that info
I had no idea until I called them. Can she do that? I am sure that will look bad on her with the judge
It's not surprising if the attorney dropped the ball elsewhere
yes, it will look bad, but the judge won't know unless you tell them
that may help get you more back too
any other questions?
So to recap, File a motion responded to her withdrawel; file a motion of plan modification and deferment, get another attorney possible, and go to court for the hearing withdrawel. Did I miss anything?
that should cover it
the attorney can help you with all of these too
ok. one last quesiton.
do i have any grounds for malpractice if I can prove it? I am not sue happy but she really has been messing with me for almost 6 months now
That is something you would need to discuss with a malpractice attorney
and should I send her one last email regarding any of this to see if it changes her mind?
see what the judge says. if you get some money back, great. Filing the complaint with the disciplinary commission is great too
they can determine malpractice
so, no last email in hopes she will just finish what she started?
then you can decide if you want to file a suit. You'll have to prove damages, so review that with a malpractice lawyer
that's up to you. if she's withdrawing, doesn't seem like she wants to help
ok, I was thinking the subtle threat of all of this may persuade her otherwise
but you can always go to her office and discuss those options too if you want to give her a shot to fix the mess
may light a fire, yes
good luck. feel free to request me in the future for any other questions
So if I do that, should I just outline it like it is?
still go to the hearings though
Thank you for all your help. I will def request you again! Have a great weekend!
I will heed your advice. Thanks again! :)
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