QUESTION

What can I do if I paid my attorney to file bankruptcy and they have done nothing and will not return calls?

Asked on Dec 03rd, 2013 on Bankruptcy - Colorado
More details to this question:
Hello all. I paid for a bankruptcy almost three years ago now. The price of the bankruptcy seemed rather high compared to other attorney's prices in the area, but I had used this firm before and liked the previous experience plus mandatory estate planning was included in the price so I went along. The total package was somewhere in the neighborhood of $3400 for joint filing and estate planning, which I couldn't afford to pay all up front so I opted for payments. The attorney instructed me that they would be unable to file until I was paid in full, so every month I paid $900. The final payment was declined and as I was busy taking care of my wife who is newly diagnosed with MS, and the fact that I never heard from the attorney, it was easy to miss the fact this occurred. I was never notified of this fact by bookkeeping, and once the estate attorney finally called us to setup the preparation of our wills almost 2 years later, I was informed that I owed $900 upon inquiring about the status of my bankruptcy. I had accepted a job in another state and stated that we would be moving soon and agreed to pay the final amount so that the bankruptcy could finally be completed. My attorney called me once a week after I moved and stated that we had six months to get everything completed as I had to file in the state I lived in the last six months and she would mail any documents needed to me for completion. This never happened and of course no one called me. Going through all of the stress and being busy moving my family 800 miles and acclimating to a new work environment, I had forgotten my conversation except for occasionally when I would remember after hours of course. I had put off filing official residency in this state for other reasons, and recently had to do so. Recalling the previous events, I now have my calendar reminding me to call the attorney every day at 10:00 a.m., and have been doing so. I have called every day for the past two weeks and have yet to speak to my attorney.
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6 ANSWERS

Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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Contact the Attorney Grievance Board.
Answered on Dec 06th, 2013 at 7:46 PM

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If you have been in the new state more than 3 months, you will need to file bankruptcy there. Consequently, the best course is to find a new attorney in your current state of residence who can file your bankruptcy, and ask them for help in recovering your money and your information from the other firm. It certainly sounds like you have a valid claim against the other firm, although there could be some negotiation over how much they owe you if they did some estate planning for you and those services were bundled with the quote for bankruptcy.
Answered on Dec 06th, 2013 at 7:46 PM

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Deborah F. Bowinski
You really need to find and review your engagement/retainer agreement that you entered into with your attorney. If you have been living in your new state for more than 90 days you can no longer file a bankruptcy case in your prior jurisdiction. Did you provide the lawyer's office with your new mailing address when you moved? Had you ever completed any intake information toward filing your bankruptcy case? It is very possible that the lawyer had done significant work toward preparing your case early on in your representation. It is also possible that the lawyer has done little actual work other than carrying your case and maintaining an open file with all that goes along with that. Your retainer agreement should set out what your payment obligations are as well as indicate how and when the fees are earned by the lawyer.
Answered on Dec 06th, 2013 at 7:45 PM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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Just go to the attorney's office and wait until he has time to see you.
Answered on Dec 06th, 2013 at 7:45 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Sadly sir, it sounds as if the issues have been of your making, ask for your old files from the previous attorney and engage a new attorney, whom you pay timely and respond to in the area you have moved to.
Answered on Dec 06th, 2013 at 7:45 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I would suggest you contact the state association that regulates attorney conduct to file a complaint about this situation. Frankly, to prepare your bankruptcy will require a lot of all new information as everything you may have submitted in the past is now expired & out of date. If I had to guess, I would say this attorney has never handled a bankruptcy before and hasn't got a clue what to do now that s/he has to perform.
Answered on Dec 06th, 2013 at 7:45 PM

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