How fair is arbitration and do the read between the lines.

[ebrashier1]

Hi I hired an atty on Oct 20113 to file a chapter 7 discharge petition, Fastforward to Jan 29th
and now we are on approximately the 4 341a meet that has been rescheduled. At 230pm I received a call from former atty[ he became former because he asked more money ] and treated us horribly after he got his fee for filing the chapter 7. never returned calls if he did they were 1 week later - Hed send an email once in awhile. Anyways this atty said the trustee would talk w us a few min before his court opened at 8am so we would know he wasnt goig to run off w our money. I told him I never thought this all I thought is I dont hand the kind of money over to anyone with a receipt and an agreement of said fees.
Trustee was upset to see us -- we just told him we didnt understand why he kept continuing the meetings we were willing to give him money and move on. He insinuated that he tried to call us on this fact and we never returned his call ! Lied a few times -
I got home and started looking for an atty that could help us get a formal negotiation out of him or just have this whole nightmare be dismissed since I had until feb 3rd to do this .
I found Ivan - he convinced me we could only save our home from trustee by changing our 7 to a 13 . I was reluctant /, I emailed him a few times where i spoke about being concerned of chapter 13 and it not at our best interest and if he could approach trustee and have him agree with a price that be great.

So long story shortened on march 5th I grabbed my mail out of box and there was a letter dated from feb 19th from bk courts on it is said we were awarded chapter 7 bankruptcy and we have no more debt it is wiped clear. I was puzzled now for sure - Ivan never told me any of this why in the hell would he submit a venue change when I was awarded such a thing ? I proceeded to go to his office and ask him what the letter meant -- well it says you got chapter 7 debt discharged but not to solely believe that letter because the bk courts regularlly send out forms by accident and then realizing the accident send out the debtor didnt receive it .
I was way suspicious with this story. I asked him how did you change my venue and not see this in the computer he said oh I sent an email over only. I said i would like a copy of this sent to me since he didnt forward anything to from when he did any changes to my current bk 7
I had him reverse the 13 and of course he implied on the form that w changed our minds and have decided to let the 7 go back through. then on all this he doesnt want to give me any of my money back - his payment was for a 5 year term to represent in bankruptcy 13 - not filling out 6 different forms and a week of really even working on it ever so often . His bill is now like 7400.00
is this effin legal and do I have a chance in snowball hell against this pos ?? Thank you

 

[army judge]

If you are dissatisfied with the attorney's performance, file a complaint with your state bar association.

 

[Proserpina]

Hi I hired an atty on Oct 20113 to file a chapter 7 discharge petition, Fastforward to Jan 29th
and now we are on approximately the 4 341a meet that has been rescheduled. At 230pm I received a call from former atty[ he became former because he asked more money ] and treated us horribly after he got his fee for filing the chapter 7. never returned calls if he did they were 1 week later - Hed send an email once in awhile. Anyways this atty said the trustee would talk w us a few min before his court opened at 8am so we would know he wasnt goig to run off w our money. I told him I never thought this all I thought is I dont hand the kind of money over to anyone with a receipt and an agreement of said fees.
Trustee was upset to see us -- we just told him we didnt understand why he kept continuing the meetings we were willing to give him money and move on. He insinuated that he tried to call us on this fact and we never returned his call ! Lied a few times -
I got home and started looking for an atty that could help us get a formal negotiation out of him or just have this whole nightmare be dismissed since I had until feb 3rd to do this .
I found Ivan - he convinced me we could only save our home from trustee by changing our 7 to a 13 . I was reluctant /, I emailed him a few times where i spoke about being concerned of chapter 13 and it not at our best interest and if he could approach trustee and have him agree with a price that be great.

So long story shortened on march 5th I grabbed my mail out of box and there was a letter dated from feb 19th from bk courts on it is said we were awarded chapter 7 bankruptcy and we have no more debt it is wiped clear. I was puzzled now for sure - Ivan never told me any of this why in the hell would he submit a venue change when I was awarded such a thing ? I proceeded to go to his office and ask him what the letter meant -- well it says you got chapter 7 debt discharged but not to solely believe that letter because the bk courts regularlly send out forms by accident and then realizing the accident send out the debtor didnt receive it .
I was way suspicious with this story. I asked him how did you change my venue and not see this in the computer he said oh I sent an email over only. I said i would like a copy of this sent to me since he didnt forward anything to from when he did any changes to my current bk 7
I had him reverse the 13 and of course he implied on the form that w changed our minds and have decided to let the 7 go back through. then on all this he doesnt want to give me any of my money back - his payment was for a 5 year term to represent in bankruptcy 13 - not filling out 6 different forms and a week of really even working on it ever so often . His bill is now like 7400.00
is this effin legal and do I have a chance in snowball hell against this pos ?? Thank you

Um...are you sure that Ivan is actually an attorney who has current good standing with the Bar Assoc?

Given the nature of bankruptcy courts, it is high unlikely that a "stock" letter was sent.

You seriously need to get in touch with the actual Trustee. S/he is still involved in your case, and might be able to clarify for you.

 

[ebrashier1]

Um...are you sure that Ivan is actually an attorney who has current good standing with the Bar Assoc?

Given the nature of bankruptcy courts, it is high unlikely that a "stock" letter was sent.

You seriously need to get in touch with the actual Trustee. S/he is still involved in your case, and might be able to clarify for you.

Hi
yes I know I shortened the story I verified by the clerks of the courts that he didnt just send an email over to the trustee asking him to allow him to change the venue. I am no dummy. But he didnt have time to rehearse his story and never saw my question coming. He grasped for straws. trustee doesnt return phone calls I stopped dialing him months ago. My concern is that he is going to get to charge all the money and have these ludicris times on his billing statement which have so many errors. saying I was at the office on this date doing this action when in fact I documented each time I went and came and what occured each time. It is incorrect information.

My concern is that is anyone going to look at the facts. ??? Is the arbitration committee going to realize that I would never demand to have a payment plan set up for 5 years instead of a fresh start making it anew and moving forward . Are they going to see through his lies and deceit. ? I am worried that because I am nobody and he is an atty that has been practicing since the 70s with no bad track record when I looked into .{ But they are really smooth im and his wife. Very very smooth .}

The clerk at the courthouse gave me the papers he electronically filed on the 23 and the 24 of february. He did not only the email he sent the trustee stating we were putting in a venue change to 13 and were not going to attent the meeting on the 27th of Feb.
I know what happened to me and I know that he did an injustice to me just to ensure that he would receive 4,000 in fees which is the max a bk atty can charge without getting prior approval from judge on bankruptcy 13 I believe 7 is 2000 0r 2500
anyways it has been reversed he put it in on the 7th I could keep him on to do anything for me because I can not tolerate people that manipulate and lie. I have another atty that has the negotitation agreement being worked out I forwarded the trustee thru him 2,000 toward the 20k that he now is requesting .
what is my recourse ?
after I showed him my letter that the courts sent out and was dated feb 19th 2013 and that the court and clerk deemed me credible to receive this award they instituted and granted it. I went in the following day and told him that I did not want him working on my case without getting my authorization so I could keep a running tally so to say and he tried to insinuate to my face that I came in and demanded ch 13 against his best judgement !!!
Heck I am from automotive industry and if and when clients came to me stating they wanted this or that done to their car and it did not impose a threat to society or themselves or break the law we would advise them on why we would not do this and the possible detrimintal outcome that could result from say putting a certain fluid inside the transmission ... and then documenting that we informed them of our reccomendations and that they declined our reccomended instruction and per customer request only that we are doing said action. Then part of the work order we had them acknowledge this by initialling next to the line and dating and timestamping that as well prior to them leaving and prior to starting any of these requested services. Would not the state bar have better preliminary reccomendations to their attorneys and part of cya's than the lowly grimey greasy automotive repair ????
anyways that is my thought on such a lame accusation.

 

[Proserpina]

There are so many issues with your post I'm just sitting here shaking my head.

You need an attorney. There are things you're not understanding (attorney fees being one of them).

 

[Betty3]

Whoa - too involved for a message board. You need an attorney as suggested.