April 16th, 2010 by admin
We filed chapter 13 a year ago, now we are selling the house. Our sale is being held up, because we do not have the signed order from the judge yet. According to our Bankruptcy Attorney it was submitted electronically to the Trustee. (The Motion to Sell) It has been over 30 days and we have heard nothing. Our Attorney was very upset with us when we kept calling to find out what was taking so long. He asked my husband if he had a gun and to put it to the judge’s head and maybe he would sign the Motion faster. He was a real jerk. My husband has been very nice to him and the Paralegal. That remark was uncalled for. The buyers have to be out of their apt. by Dec. 5th! It is now Nov. 15th. We were supposed to close on Nov. 6th and our bankruptcy Attorney knew this. According to the Paralegal she said that the Trustee has approved the sale it just needs to be signed by the judge. The Paralegal told us that this whole process would only take two weeks tops! It was sent out on Oct. 9th. Now we are looking at maybe getting sued if this don’t go through soon. Help….anyone have any advice? We can’t call our Attorney or his Secretary….he obviously doesn’t want us bugging him anymore. My husband called the Trustee’s office and they can’t give him any info. the only thing they can tell him is the balance he owes. What can we do? Our hands are in the air. Should we contact the Judge? Should the process take this long? We live in Raleigh NC. We are stressed out and desperate for any advice! When we told our Attorney what was going on he said to tell our Real Estate Agent to chill out and that if we lose that sale, we lose the sale! What kind of Attorney is this? Isn’t he supposed to help us? Can’t he have the order signed, he sees the judge all the time? Should we seek out another Attorney to help us get it signed?
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It matters not that your attorney is agitated with you calling him. He is who you hired to take care of the legal matters that you did not understand.
Call this attorney and tell him your concerns and that you are not getting the answers you need and want.
If he continue to fail in giving you the proper information you should file a compliant with the local Bar Association of which I am sure he is a member. This will do one or two things get him so pissed he will want to get rid of you and get the info you want or tell you he is through with you.
If the latter happen you should sue him for the funds you think you deserve because he did not complete his job.
Don’t let this clown buffalo you, you have paid him money and now deserve the services you have paid for.
Let him know that you fully expect for him to perform his duties as you understand them.
Why should you pay another attorney for something you have already paid this bird brain to do. The only way you should contact another attorney is to sue the current one you have. You can sue him for any loss you incur because of his negligence.
I hope this has been of some benefit to you, good luck.
“FIGHT ON”