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Ask ANDREA Your Own Question
ANDREA, Attorney
Category: Bankruptcy Law
Satisfied Customers: 12554
Experience:  Experienced Attorney, Commercial Transactions, Bankruptcy, Post Doctoral Degree, LLM, Taxation
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I hired an attorney and filed a chapter 7 bankruptcy on

Customer Question

I hired an attorney and filed a chapter 7 bankruptcy on April 1st. I went for a 341 hearing and my attorney was totally unprepared i.e. I had to notify him of the 341 hearing date, he lost my tax returns, and failed to get my home appraisal from his recommended appraiser. He is unresponsive to calls, texts, and emails. I forwarded him 4 letters I received from Midland Credit Management and Unifund LLC on April 4th stating that they will no longer attempt to collect my debts as ordered by a "CFPB" Consent Order. They also state that they will vacate their judgments against me. My attorney's response was to send me a copy of my bankruptcy filing and said I should show it to them so they will stop collection activity. That's not what these papers are about! Then at my 341 hearing I handed him these papers again and after he said nothing I told him that I would speak to Midland . The forgiven debts total almost $15000 and there may be another debt of $7000 that is included in the Consent Order. I called Midland to find out and they refused to speak to me since I have a bankruptcy lawyer. I notified my attorney of this and knowing he would not call them I requested a letter from him authorizing me to speak to Midland. He forwards me a reply saying he's waiting for the home appraisal. I need advice on what I should do about the vacated judgments since he ignores them and me.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  ANDREA replied 1 year ago.
Hi, and welcome to JustAnswer, I am sincerely ***** ***** hear that the lawyer you hired is so unresponsive to you and your case. I would strongly suggest that you write to the attorney and demand the return of any retainer you gave him, except for the filing fee for Bankruptcy Court because it does not appear that this attorney is representing your best interests and his failure to respond to your legal needs might give you more legal trouble than you ever anticipated. In your request for the return of any retainer you gave him, tell him that if he does not return your retainer within 10 days from the date of your letter, he will leave you no alternative but to report him to the Attorney Disciplinary Board of your State.