Is it legal for a lawyer in AZ to have you file chapter 7 BK then convert to 13 BK then convert back to 7BK ?: My goal and working with a limited amount of money with no income was to save my house from foreclosure and wipe out my cc debt. thats what I told my attorney. he had me file 7BK, cost $2k, when the mortgager started to forclose he had me convert to a 13, cost $5500. in bk, I paid in for a year approx. $2000., I modified my mortgage paid for 1 yr now Im broke, convert back to 7, cost $750., (dont have the money Im broke) plus he recieved the bk13 payments, now he refuses to represent me at creditors meeting unless I pay in full. Is this legal? Do I need him at creditors meeting? what is the process after creditors meeting-do I need attorney to conclude my BK?
Jared’s answer:
I agree with my colleagues. I don't see anything in the fact pattern you gave to suggest that your attorney's behavior was illegal. While I don't know all of the circumstances in this situation, you state that you told your attorney you wanted to "save your house from foreclosure and wipe out my cc debt."
When the mortgage company moved to lift stay to foreclose during your Chapter 7, your attorney opted to convert to Chapter 13 to prevent that (and effectively prevent foreclosure, which you told him was your goal).
When the mortgage company finally came to the realization that a loan modification was a better alternative, then a Chapter 13 to prevent foreclosure was no longer needed. So, in order to facilitate your second goal of eliminating credit card debt and save you from continuing to make unneccesary Chapter 13 payments, he opted to convert back to Chapter 7.
In conclusion, then, it sounds like your attorney tried to meet your goals with the fast and simple Chapter 7. Your mortgage company threatened to undermine your first goal, so your attorney proactively and effectively changed course and prevented them from doing it. Then, when the crisis was averted, he saved you more time and money by returning to the quick and simple path toward your goal of eliminating credit card debt.
Keep in mind that all of this doesn't just happen. It happens because your attorney works very hard to help you realize your goals, even when you don't understand how or why. Just as you expect to get paid for work that you do, so does your attorney. Asking him to attend your hearing without paying him is like your boss coming to you and saying, "Even though you did everything I told you to do and I have benefitted exactly as I told you I wanted to, I want you to keep doing it, but I don't feel I should have to pay you anything more. Oh, and please continue working overtime without pay next week. Thanks!"
You may feel as though there was some malpractice here, but if so, the fact pattern you present does not even remotely suggest that. What exactly do you think is or should be illegal about this?
Is bankrutcy my best option? I owe over $20,000 & all have gone to collections or been charged off.: Lost my job & couldn't keep up with payments. I would like to payoff my debts bt it seems impossible now! I want to know my options. I live in California
Jared’s answer:
First of all, I'm sorry to hear about your struggle and, while you certainly are not alone, I know that doesn't help matters. Whether or not a bankruptcy will help matters will depend, of course.
The information you have supplied is appreciated, but it simply is not sufficient for any attorney to reasonably advise whether or not bankruptcy is even an option for you, let alone your best option.
I would recommend that you contact a qualified bankruptcy attorney in your jurisdiction directly. Many attorneys offer free initial consultations in which they will review your options with you, given more specific information about your circumstances.
I hope this information helps and sincerely wish you all the best!
I was just wondering if it is worth going to court and getting a lawyer?: I lended my ex neighbor $300 for rent, and I sold him my Playstation 3 for $120. Its been about a year now, and all ive recieved was probably about $150. He has giving me $20 here and there over the past year adding up to about that. I need my money that he owes me, and I dont think Im ever going to see it. Im just wondering if its worth going to court over, even if its just under $300 that he owes me. Im sick of waiting, trying to get ahold of him every other day, he just keeps making exscuses. Is it court and a lawyer worth it?
Jared’s answer:
If I understand correctly, he still owes you approximately $150 (based on your recollection of what he might have paid in small amounts over the course of a year). It is probably not worth hiring an attorney, but might be worth a small claims suit (which, as far as I can gather will likely involve a $75 filing fee and your time to attend a hearing). I understand that this is probably worth more to you in principle than the $150 he might actually owe you, but try to keep it in perspective. Your time and frustration alone may well be worth more than you will ever actually receive from him.
Keep in mind that I do not practice law in Utah, so I would certainly encourage you to seek the advice of someone who does. However, I will say that sometimes what we learn when entering into financial agreements with friends and neighbors is worth more than the money we lose when we do so.