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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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, filed chapter 13 in February 2010 had to secured

Customer Question

Customer: Lesa
JA: Thanks. Can you give me any more details about your issue?
Customer: filed chapter 13 in February 2010 had to secured interested our mortgage and our camper which were paid on during our chapter 13. In february 2014 converted to Chapter 7 and Bass & assoc. then contacted our lawyer wanted to reaffirm a 4 wheeler loan. Lawyer told us to not worry about it since they never claimed anything til then (chapter 7 conversion) however Chapter 7 was dicharged 4/2014 and they are still trying to contact us!
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Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I apologize if this sounds like a "silly question" - but it is not: Have you contacted your attorney about this? I am concerned about the position they took on this matter, while it is not unreasonable to be aggressive when dealing with creditors (that is part of why you hire a bankruptcy attorney - so that you can get the greatest possible benefit from your bankruptcy discharge) - I am not sure that I fully understand the "don't worry about it" stance that your attorney gave you.

I would recommend first that you contact your lawyer, provide them with any documentation you have from the creditor regarding this matter, and allow him to follow up.

If the attorney is confident in his position (again it is not unreasonable to be aggressive here, and I am certainly not saying he is wrong - I don't have any of your bankruptcy file or correspondence to look at), he will simply fire off a letter threatening the creditor with a "violation of bankruptcy code" demand letter and you shouldn't hear anything further from them.

If your attorney needs to revise his position, he should explain that to you - i.e. what changed, what needs to be done now, and what your options are at this point. But this really requires a review of your documentation (both the bankruptcy file - schedules, filings, and petitions), as well as the specific correspondence you are in receipt of.

If you are having trouble getting in touch with your attorney, make sure you are trying to contact them in writing - many people rely too much on phone calls, emails (and especially letters) are much more reliable and will help you get a more satisfactory response.

Customer: replied 1 year ago.
I was hoping to not have to be in contact with my lawyer again!! Was very dissatisfied with their "just another case" attitude with us the whole time. But maybe can talk to another bankruptcy lawyer. The 4 wheeler was exempted so we thought but the creditor did send in paperwork showing it was secured but yet never made attempt to contact trustee for payments during our 13. Never heard anything from them til we converted to chapter 7
Expert:  CalAttorney2 replied 1 year ago.

I am sorry you were dissatisfied with your attorney - it is not right to feel "blown off" when you are paying to be represented.

But I would recommend following up with them (this should be covered as part of the services you already paid for!).

If you do retain another attorney, that lawyer will have to go through whatever documents the first lawyer already has in their file, plus your correspondence - creating a new bill for you to pay.

If you are not satisfied with your attorney's response, by all means, I would definitely recommend speaking to someone else, but I would recommend at least starting there. (Remember, I do not know what you do, and I do not have any experience with your particular attorney, so I cannot advocate for or against continuing using their specific services, this is only practical advice based on the cost of having to review a case file and come up to speed vs. reviewing and settling one outstanding issue for a case that is already in house.).