Bankruptcy Lawyers, and Lawers in General

I use Gallon and Takacs for everything! Highly recommended.

Disclaimer: I'm not a lawyer. However, just like anything else, I'm pretty sure you shouldn't have to stick with crappy service.

IMO, just talking to someone else and explaining the situation during a free or low-priced consult wouldn't be out of line.

Are you willing to write off the "sunk costs" of this lawyer to start with another? That's usually what holds people back..."Oh I don't want to spend more money, so I'll just keep going with Mr. Smith, Esq., because I've already spent $1000."

i HIGHLY recommend Ciolek Ltd. GREAT guy, lots of fun, very helpful. http://www.counselor.pro/

Is it crappy service or just things not going your way?

Just because things don't go your way or you have hiccups in the case, doesn't mean the lawyer is doing a crappy job.

Yes, as a lawyer, I encourage my defendants to seek other opinions. As OHT said, though, you are going to have to be ready to accept the loss of all the money you already paid to your current attorney. You MIGHT get a refund of part of your retainer, but I would not count on it.

Well, there is nothing wrong with it per se, but if you are going to speak with another attorney, be up front with them that you have already engaged a lawyer to handle the matter for them. I get calls every once in a while where people basically want me to evaluate the work of the person they already hired. I usually refuse, because I don't have all the information needed to form an opinion and I know I won't get the work in the end. But if you are candid about the situation, an attorney should be willing to tell you whether they are willing to give a second opinion about your case.

Sure, get a second opinion if you want. I recommend John Coble.

It's very likely that you're going to hear the story and get the same costs from your new lawyer that you got from your original attorney. The reason being that most attorneys are honest people and do not gouge their clients on fees or rates. It's also likely that you're not going to hear anything that resembles good news. Still, it never hurts to try. Being able to describe your current situation in 25 words or less and provide a very succinct bullet list of problems will likely go a long way towards getting an opinion on your current situation and how it might be improved. Print it out and an attorney might actually look at it free of charge and give you an answer.

Sorry to hear about your misfortune.

Lawyers have a duty to keep you informed about your case. Look at the last correspondence you received, it probably will indicate when you are likely to hear back from them. If it is past this date, call their secretary and simply ask for a call back or an update.

If you are really concerned about it, look up and see if your attorney has ever been disciplined or sanctioned.

http://www.sconet.state.oh.us/AttySvcs/AttyReg/Public_AttorneyInformation.asp

Make sure his/her license is current. You would be astonished at how many fail to renew and its just a filing fee, nothing more. If you're lucky and the license isn't current, you have the right to get all your $$$$ back.

http://www.sconet.state.oh.us/attysvcs/attyreg/public_attorneyinformation.asp

Thanks for the info and the recommendations.

Oddly i tried that link holland and brainswell listed and his name didn't come up.

My first concern almost from the start was that he showed little interest to listen to me, rarely giving me a chance to talk, and most of the time talking over me with pre-canned responses that lead to long often repeating information. But figured he's the lawyer I don't care as long as I get the paperwork done and do my part I don't need to be friends.

When I went back for another meeting, turned out there was some problems. Not sure what exactly went down but whoever was really doing my paperwork wasn't there, and he literally told me "I'm just a monkey in a a suit" so and so is the one who handles the bankruptcy XYZ. But she wasn't there so he had another assistant. At this point it looked like I was going to be forced into a Chapter 13. Guess they twiddled some number and things turned out ok, but still what the heck?

This was reinforced more by the over-talking, and when I went to my creditors meeting he didn't have an important piece of paperwork, and blamed or questioned the magistrate (?) asking if they changed things because he didn't get the email or snail mail.

Plus I like honesty. Despite issues, I keep getting the "don't worry it'll all be discharged". I really don't want to hear canned feel-better responses, I'd rather get honest answers if there is something I need to be concerned about.

Then last week I get a letter from another Lawyer I think from the Department of Justice (?) guessing it's who watches over bankruptcy cases, letting me know that My claim has determined to be an abuse of the bankruptcy court or something. The only thing I got out of my lawyer was that I was making too much with too little going out.

My big problem in that regard, is that I live for free with almost free utilities, free internet, basically 1/2 my salary that I would normally be paying out I'm not. But where I work has to use this place so I'll be moving to an apartment in Jan/Feb. So my debt to income ratio is really skewed.

**** incoming student loan rant ****
To top it off, while it might be my fault I really don't know. But I was under the impression that once I had a case ID all of my debt (special emphasis on ALL) was supposed to be frozen and was told to stop making payments.

Well fast forward a couple months, and I start calling my student loan holders to get a feel for how things are going to be and what I need to do to prep for the post-Bankruptcy when I start making payments again. I know student loans aren't bankrupt-able, but I was under the impression being a debt it was part of the don't make any payments.

So every last one of my student loans are now in default. So I spent 3 days trying to sort it out. Ironically by the time I found out my loans had just defaulted within a week. So I rustle to make a payment to catch them up. But as it turns out it doesn't matter if I made payments or not, just by filing bankrupcy is automatically a forced in default whether I wanted to or not. So now I have 76k being sent off to another company that is expecting a 1 time payment of 76 in January.

Sorry for the rant, that last part about the Student loans isn't his fault since in the end it didn't matter as the bankruptcy is a forced default, but if that wasn't the case I'd still be screwed since I was mislead (misunderstood?).

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Tl;dr would be interested in talking to someone as this just doesn't seem right and not sure if what I'm experiencing is normal or what I need to do.

If you had the information correct on the registration listing, especially the correct spelling of both first and last names, then he/she is not currently licensed to practice law in Ohio.

If that's confirmed, you get a do-over. Check with the local bar association. They will asist you from this point on. BTW your attorney's registration number is listed beside his/her name on the bankruptcy filing. Check that number on the sconet link.

My impressions of bankruptcy attorneys is they are the legal equivalent of puppy mills - they only make money by the volume processed, not by individual attention to the case. Processing tends to be very formulaic, paralegals or secretaries do all of the paperwork, and the attorney is just bringing in new clients and (hopefully) making it to court hearings. Sorry if I offended anyone, but that is the professional experience I have had with them so I don't know if getting a second opinion is going to be helpful or even possible at this point.

holland: thanks the # worked and he is active, but his name is spelled wrong.

Thanks MrsArcher, that's kinda what I was thinking unfortunately. Guess I'll just roll with the flow and try for the best. At this point I've filed and given everything I can. Just hoping his "formula" works :)

I wish you well INeedCoffee. It's tough being in your shoes. Keep your chin up. Better days are surely ahead.

I have some bad news and some worse news. The bad news- a bus loaded with attorneys ran off a cliff and everyone was killed.
Worse news- 2 seats were empty.

ps-support your local defense attorney, commit a crime today.

Let me hop in and say does anyone know of a good Real Estate / Short Sale lawyer cause I think it's about time for me to make that jump.

dbw: buying or selling via short sale?

I'm sure he's talking about selling. I remember him mentioning several times about his neighborhood deteriorating and wanting to get his family out of there.

(dbw - good luck, btw. I know you have been worried about your family's well being.)

Selling for sure! It's the neighborhood and we might have to relocate to take care of sick parents.

Best of luck to you and your family dbw

Can't stand the thought of putting parents into a home unless it was medically necessity, but they can no longer live alone. Can't put one parent into a home and have them eat up savings then the other would have nothing left. Just roll me off a cliff when I'm old, spread my SS money around. Also can't stomach nor do I want to go through a BK filing but don't know how long I can hold off on a short sale. F'n A!

One of those things you can't put off any longer no matter how hard you try.

Have you looked into an assisted living apartment type setting for them?

Based on the limited details you've mentioned, that might be a workable option? They could still live together, but there would be additional support available to help with their needs.

P.S. Are your parents local, or would you need to be moving out of town to help care for them?

"assisted living apartment type setting for them?" - Can't afford it, what savings they have would be sucked up in couple of months. Even though their house paid off the resale value isn't enough to make a dent in what it would cost. To have someone stay with them 24/7 would be 157k a year! Currently they are on rotating watch shifts by a couple of different folks but that can only last for so long.

No they are not local by any means. :(

dbw, sorry to hear about your folks, however it is very nice what your willing to do to help them out, not many people would be able or even willing, best of luck to you!

INC, good luck to you as well! Hopefully all will get sorted out without too much more anxiety.

Get an elder care attorney, it can make a huge difference.

OK, I didn't realize that they need round the clock care.

I was thinking more along the lines of an apartment-style community. Where they'd basically be living on their own, with someone checking on them a few times a day and/or on-site to be called when needed.

But that's more of a set-up for people who need moderate assistance and can be somewhat independent. Not someone who needs round the clock supervision.

Would you have to leave your job to go where they are?

(I know you have a long commute from Toledo, so I wasn't sure if your parents lived close enough to your job that you could still keep it.)

tm2 they sacrificed so much for me and I never turn my back on family. What do you do, let your parents drown in their own squalor? My wife and I will both have to look for new employment as it is many miles away. Been poor and broke before and it's only money.

Sorry for thread drift, just need to find a good RE lawyer to work things through with.

What do you do, let your parents drown in their own squalor?

I don't have any anymore, but i guess that teaches me from trying to give you a freaking complement.

dbw - not to perpetuate the thread drift, but is there some reason why you can't relocate your parents closer to you, instead of both you and wife having to find new employment in this economy?

I don't know where specifically your parents live, but almost anywhere in the country it could be potentially challenging to find new jobs for 2 people.

(Unless you're also looking for the opportunity to get out of NW Ohio, in addition to wanting to help your parents?)

BTW, sorry if that came across as being nosey...I was just tossing around ideas, not trying to dig into your situation.

Good luck whatever happens.

I have no first floor bathroom and no where I could build one. elderly with a broken hip how falls constantly isn't making it up the stairs. My home is not friendly to old or disabled people :(

Sorry mom2, wasn't calling you out with the comment just general ranting. Thank you for your appreciation.

bdw, no advice to offer, but know personally what a tough situation it is when you have a parent who is ill and unable to provide for him/herself financially. Hoping for the best for you.

On the original topic, a tip for those considering bankruptcy. If there's any possible way to avoid it, don't file for bankruptcy unless you have health insurance. It could prove disastrous.

The Toledo Bar Association has a lawyer referral service. You just need to specify what area of law you need and they can give you a person to call. You get half an hour consultation for $40.00. In some areas of law, there is no fee.

Dbw - Short sale advice --

http://www.yourlocalattorneys.com

you as well Ineed...