How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2560
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
15345323
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

My bankruptcy attorney has missed deadlines and motions, has

Resolved Question:

My bankruptcy attorney has missed deadlines and motions, has not returned phone calls or emails, and has not done what she agreed to do regarding my case. She was supposed to file a motion for a plan modification because I received a loan modification with my mortgage company and it needs to be removed from the case. I missed several payments during the process because I was laid off with no income. My attorney was well aware of this. I have since gained a secure job (I am a nurse). I have 14 months left on my Chapter 13 and my attorney missed the motion and my case was dismissed. She again would not return phone calls or emails, so I filed the motion for reinstatement myself and it was approved. The attorney found out and said she would continue with the payment modification and would file it. I submitted all the necessary paperwork to her and she came back with the new payment. All she needed to do was file the motion. She again stopped answering emails and phonecalls. I called the trustees office and found out that she did not file the motion for payment modification, but filed a motion to dismiss herself from the case! Can she do that without my permission and without any notice? I am in jeopardy of losing my entire bankruptcy. Please advise! Thank you. I live in Michigan.
Josephine
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year 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. :

You should file a response to the motion, set out the work you did, and ask for a refund of attorneys fees paid

Terry L. :

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

Terry L. :

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

Terry L. :

You can file a complaint as you stated.

Terry L. :

The judge won't respond to your letter, so you should do it as a response to their motion to withdraw

Customer:

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?

Terry L. :

The court will likely let her withdraw, but can award you some refund of fees if you make a stink about it

Terry L. :

It's not too hard, although I'm a lawyer.

Terry L. :

You can ask for a reduction in payments if the budget supports that and the plan has room

Terry L. :

It's not simple. Check the court clerk -they may have a help desk to assist you with pro-bono attorneys

Customer:

Exactly. I am a nurse, so I was worried about the calculation part of the motion.

Terry L. :

you can ask to defer any default too

Terry L. :

You need to file amended schedules I & J to show the current income and expenses

Terry L. :

you'll need to send notice to all creditors, and the trustee too

Customer:

And file a deferment as well if needed?

Terry L. :

An attorney may be able to receive their fee from the case payments too, so it might not cost you anything up front

Terry L. :

it's worth a few calls

Terry L. :

yes

Terry L. :

cases can go up to 60 months

Terry L. :

you can bring the motion to modify and defer all in the same motion

Customer:

and should I continue my complaints against her as well?

Terry L. :

You can

Customer:

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

Terry L. :

if the attorney violated a rule of professional conduct then the agency should be informed

Terry L. :

they'll do an investigation

Customer:

Ive paid her 4000 dollars. I just wanted her to finish her job. I am so disappointed and upset

Terry L. :

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

Terry L. :

It's tough

Terry L. :

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

Terry L. :

show up to the hearing too to state your side.

Customer:

the hearing for her withdrawel?

Terry L. :

yes

Customer:

She never even notified me. I found out from the trustee yesterday when I called them.

Terry L. :

I've seen the court disgorge fees that weren't earned if the attorney didn't do thier job as needed

Customer:

How do I find out the date of the hearing?

Customer:

So to recap:

Terry L. :

tell that to the court too if you weren't served with notice

Terry L. :

you can call the clerk to get the date time location

Customer:

I was not served

Terry L. :

bankruptcy court clerk will have that info

Customer:

I had no idea until I called them. Can she do that? I am sure that will look bad on her with the judge

Terry L. :

It's not surprising if the attorney dropped the ball elsewhere

Terry L. :

yes, it will look bad, but the judge won't know unless you tell them

Terry L. :

that may help get you more back too

Terry L. :

any other questions?

Customer:

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?

Terry L. :

that should cover it

Customer:

*responding *possibly

Terry L. :

the attorney can help you with all of these too

Customer:

ok. one last quesiton.

Terry L. :

sure

Customer:

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

Terry L. :

That is something you would need to discuss with a malpractice attorney

Customer:

and should I send her one last email regarding any of this to see if it changes her mind?

Terry L. :

see what the judge says. if you get some money back, great. Filing the complaint with the disciplinary commission is great too

Terry L. :

they can determine malpractice

Customer:

so, no last email in hopes she will just finish what she started?

Terry L. :

then you can decide if you want to file a suit. You'll have to prove damages, so review that with a malpractice lawyer

Terry L. :

that's up to you. if she's withdrawing, doesn't seem like she wants to help

Customer:

ok, I was thinking the subtle threat of all of this may persuade her otherwise

Terry L. :

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

Terry L. :

it may

Terry L. :

may light a fire, yes

Terry L. :

good luck. feel free to request me in the future for any other questions

Customer:

So if I do that, should I just outline it like it is?

Terry L. :

yes

Terry L. :

still go to the hearings though

Customer:

Thank you for all your help. I will def request you again! Have a great weekend!

Terry L. :

you too!

Customer:

I will heed your advice. Thanks again! :)

Terry L. :

click accept to close the question and rate my answer

Terry L. :

thanks

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2560
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 5 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions

Chat Now With A Bankruptcy Lawyer
Terry L.
Terry L.
Bankruptcy Lawyer
2560 Satisfied Customers
Better Business Bur 15yrs bankruptcy experience. Chicago Bar