I was doing some work in the office and I found an old intake sheet from a potential client for a bankruptcy. I decided to look up to see if that client had found another attorney. A little background on this PC (potential cleint). I met with them several days in a row and everytime they met me they said that they left their money at home. They knew my fees and said they were ok with them everytime we met. Well, finally, we were supposed to sign the contract in order to stop a foreclosure and repossession. The PC said that they left their money at home but had $350 of it and wanted me to file it for that. I said no and they said that they would go home and get the remainder. They left and agreed to meet me to sign the contract. Well, they never called. It wasn’t until later that after they missed the appointment that I checked my email and found an email stating that they didn’t feel like we were on the same page and that they would find another attorney for less. Well, as I said previously, I looked up the PC and they indeed found an attorney that would do it for less. That attorney filed the case and missed filing the motion to extend automatic stay within 30 days. Essentially on a subsequent filing within 1 year the debtor is required to file AND have a hearing within 30 days that extends the automatic stay. The attorney that this PC hired filed the motion 35 days AFTER the bankruptcy was filed. This means that the automatic stay expired. No bankruptcy protection. The mortgage company and the car creditor both confirmed, by motion, that there was no automatic stay. At this point I assume this debtor is walking AND looking for a new place to live. You get what you pay for…
-E-
