02-12-2013 05:06 AM - edited 02-12-2013 05:07 AM
He is not a BK attorney.
Don't have him file your BK. Go get your money back. He clearly is inexperienced (at best) for him to even suggest that you reaffirm the mortgage. It could even be worse than just inexperience, he may even be a f/c attorney that has your lender as a client. We don't have that info, but it is the only thing that makes sense for him to tell you to reaffirm (as he would be representing the bank and not representing you).
You are headed down a treacherous road by having an attorney that is not familiar with BK's file for you. He is very clearly not familiar because of the advice he gave you. It is not a gray area. He gave you very bad advice. Not just a little bad, but advice that will follow you for the life of the mortgage. Go get your money and your paperwork. It is better for you to find a real BK attorney that only files BK's otherwise your entire filing will be a mess.
02-12-2013 02:57 PM
I did try to get in touch with a different attorney this afternoon, but unfortunately she had already left the office. I left a message stating that I had possibly retained the wrong attorney to handle my case and would like to discuss the major sticking point we had. (ie:reaffirmation) I then called the other lawyers secretary and told her that I may not want to reaffirm my mortgage and my reasons why. To my surprise, she agreed with me! She said that she would hold my paperwork until I decided what I was going to do. I guess to my way of thinking, if you type in 'should I reaffirm my mortgage in a chapter 7 bankruptcy in a search engine and 90% of the results say NO! well that means something! I don't believe everything I read, but when something is repeated over and over from all different scenarios, somebody is right? I don't want 'me' to be right. I want the right ending of all this to be right. And thus ends a very long day for me....
02-12-2013 05:08 PM
Like everyone has said, I think its worth dumping this guy. I cannot think of any good reason to reaffirm your BK. IMO you best bet is to include it and keep paying if you want to stay in the house. This is the absolute best scenario. If you decide at any point in the future, that the expenses or the home no longer work for you, you can walk away. This lawyer is nuts to suggest otherwise. I know hearsay isn't worth a bucket of spit on internet forums but in this case I think your collective myfico family is spot on.
02-17-2013 06:38 AM
I've decided to go with a different lawyer for my bankruptcy case, after thinking long and hard. I feel if I oppose what he thinks I should do, even tho he wouldn't give me a rational pro and con discussion, that he won't be representing my best interests. My question is, will I be able to get my retainer back from him since very little work has been done on this? I've signed no agreement with him, nor been offered one.
02-21-2013 03:53 AM
I've talked to the original lawyer's office by phone and followed up by email with my request to have my paperwork and retainer fee returned to me. Have found a different attorney that I believe will answer all of my questions and will work in my best interest. Was somewhat surprised by the secretary's reply to me that the only time I would even deal with the attorney there would be at the creditors meeting and that I would be mostly working thru her! If I had wanted that, I would have hired her. lol She also told me that she would show the attorney my email and he would decide how much of my retainer they would return to me. She said my case was ready to file, so they were due some money. Well, that's not really true, because I still have paperwork sitting here that they needed, nothing was decided on the reaffirmation with them, and I had not gone over any of the paperwork that they did complete or sign anything. So it will be interesting to see what they come up with. Thank goodness I'm walking away from that guy!
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