ID: [redacted] On 6/1/2017 our office did a consult for this client. As part of the consult process we ask if the client has filed a bankruptcy in the last 8 years. This client responded to this with an absolute no, that she had filed a bankruptcy but it was over 8 years ago. ...
This consult lasted longer than normal as the client needed more information and asked many questions. Our office provided the client with sites to pull her credit reports to see what was on her reports. On 7/5/17 our office met with this client again, at this time we went over the contract and other documents with her, explaining what was needed. Discussed the process and the bills she had provided to our office. On 7/12/17 the client came back into the office with other court documents that she was served from Santa Fe Apartments. Client provided those court docs and then met with staff to talk about what they meant. On 7/31/17 – Once again client came in and met with one of the staff for an hour. Discussing the case and what needed to be done. Provided a list of missing items and walked her through the process again. On 8/1/17 George from the Victoria Woods Apartments in Draper called to see what the clients intentions were regarding the bankruptcy. Told them that she would be filling as soon as we received the required documents. On 8/11/14 Client came in to the office again and said there was something left on her door. It was a request for a hearing for Victoria Woods Apartments. Again met with staff, and again was provided with the list of missing information. On 8/15/17 Client called in and was in a panic to get filed and she had to get something done. She informed our office that she had spent the night in a hotel as the constable informed her that he was changing her locks on the residence where she was living. She informed us that all of her belongings were in the residence and that she did not know what to do. Again later in the day the client called in again and was angry telling us that they had taken her belongings and that they were saying that she had ruined the apartment. She complained we were not doing our job and that we were supposed to represent her. She was informed that we do represent her in Bankruptcy proceedings, but that she needed to complete all of the required steps and provide our office with all the required documents which still had not been done. Client called again the same day and spoke with staff. She was going to seek help from her bishop to see about getting her belongings back. Our office called out to the attorney handling the case to help facilitate this. On 8/16/17 our office spoke with client, let her know that we had been able to set up a time for her to go get her belongings from Victoria Woods at 11:00 am that day. On 8/31/17 client came in and spoke with staff about what was needed. Once again she was given the list of items regarding all required documents that were still missing. Client said she would get it all done and bring back to our office. We explained that getting filed and getting a case number would stop all of the legal collection issues she was dealing with. On the same day client called to see if we had received her CCC – we did and had placed it in her file. This was paid for by our firm because it is included in the price of her bankruptcy. We also went over the list of missing items still needed from her including questionnaire, signed disclosures and responsibilities, and the paystubs/pay history. On 9/5/17 client again came into the office to drop off more docs and speak with the staff about moving forward. Was informed again of the missing items. On 9/12/17 our office began to prepare client’s bankruptcy petitions. At this time we checked the federal bankruptcy filing database to confirm her prior filling and it stated a bankruptcy was filed within the prior 8 year period. Client had filed on 11/21/2011 and therefore would not be able to file another Ch. 7 until 11/21/2019. However, Client would be eligible to file a Ch 13. On 9/14/17 Patricia from Credit Control called regarding the clients debt. We informed her that we had been retained and that we would be filling as soon as we had all of the required information to do so. On 9/19/17 – Our office spoke with [redacted] again letting her know that she would need to file a Ch. 13 and not a Ch. 7. We explained the reason was her recent filling in 2011. She was upset and wanted a refund. We explained that a lot of work had been done at this time and that she would only get a partial refund. We also let her know that there was no cause for concern as she was not working and would not be able to be garnished. We discussed her options at length and she said she would decide how to move forward and let our office know. On 9/28/17 Client again came in and spoke with the attorney at length about the options and moving forward. She said she would move forward with the Ch. 13 once she had work again. On 10/10/17 Paralegal added more bills and creditors to Schedule F of the bankruptcy petitions. On 10/17/17 Client’s friend called in to get information on this case and ask why her case had not been filed yet. He was informed that because we do not have permission to discuss with him that we would not do so. On 10/25/17 Client called in again and she claimed that our information was incorrect regarding the timing of her previous bankruptcy and that she was eligible for a Ch.7, since her last one was done in 2008. Client was going to provide documentation from the first filling of the Ch. 7 to show us the “correct” filing date. Additionally, she accused her prior attorney of messing up her bankruptcy and failed to get all the creditors listed in the previous bankruptcy. On the same day, Client came in to bring the documents for her prior bankruptcy to show proof of the filing date in 2008. However, the documents that were provided were from her divorce proceedings in 2008 and had nothing to do with her prior bankruptcy. We printed off a document form the federal bankruptcy filing database and showed her that the case had been filed in 2011. She finally agreed and asked what her options were. Our Ch. 13 attorney then met with her for a little less than hour discussing her options. One option provided to client was wait to file since she is not working so creditors could not really do much to her. If she decided to surrender the car, then a Ch. 13 would be workable at about $100.00 which might be doable with her current income. Our Ch. 13 attorney, explained once again the reason why the client could not file a Chapter 7 until 2019, because the client kept saying she would file a Ch. 7 in 2018. We believe she was confused because under the old rules of bankruptcy it used to be a wait time of 7 years between fillings, however it was changed several years ago to every 8 years. After client left she again called in and asked for a refund. She was informed that due to the amount of work that was already done on her case that she would not get a full refund and was offered a $400 refund. She said to hold on to all of the money because she would wait until the time she could file in 2019. Our normal hourly billing is $250.00 an hour. For the amount of time and effort our office put into this client at our billable rate far exceeds the amount of what was paid to our office. We tried to offer her a refund of $500.00 dollars today (10/31/17) but client told us she plans to contact the Utah State Bar, and then said “See you later fat [redacted]” and hung up. At this time we believe we have acted in good faith, and done above and beyond what is reasonably expected for this client.
ID: [redacted] On 6/1/2017 our office did a consult for this client. As part of the consult process we ask if the client has filed a bankruptcy in the last 8 years. This client responded to this with an absolute no, that she had filed a bankruptcy but it was over 8 years ago. ...
This consult lasted longer than normal as the client needed more information and asked many questions. Our office provided the client with sites to pull her credit reports to see what was on her reports. On 7/5/17 our office met with this client again, at this time we went over the contract and other documents with her, explaining what was needed. Discussed the process and the bills she had provided to our office. On 7/12/17 the client came back into the office with other court documents that she was served from Santa Fe Apartments. Client provided those court docs and then met with staff to talk about what they meant. On 7/31/17 – Once again client came in and met with one of the staff for an hour. Discussing the case and what needed to be done. Provided a list of missing items and walked her through the process again. On 8/1/17 George from the Victoria Woods Apartments in Draper called to see what the clients intentions were regarding the bankruptcy. Told them that she would be filling as soon as we received the required documents. On 8/11/14 Client came in to the office again and said there was something left on her door. It was a request for a hearing for Victoria Woods Apartments. Again met with staff, and again was provided with the list of missing information. On 8/15/17 Client called in and was in a panic to get filed and she had to get something done. She informed our office that she had spent the night in a hotel as the constable informed her that he was changing her locks on the residence where she was living. She informed us that all of her belongings were in the residence and that she did not know what to do. Again later in the day the client called in again and was angry telling us that they had taken her belongings and that they were saying that she had ruined the apartment. She complained we were not doing our job and that we were supposed to represent her. She was informed that we do represent her in Bankruptcy proceedings, but that she needed to complete all of the required steps and provide our office with all the required documents which still had not been done. Client called again the same day and spoke with staff. She was going to seek help from her bishop to see about getting her belongings back. Our office called out to the attorney handling the case to help facilitate this. On 8/16/17 our office spoke with client, let her know that we had been able to set up a time for her to go get her belongings from Victoria Woods at 11:00 am that day. On 8/31/17 client came in and spoke with staff about what was needed. Once again she was given the list of items regarding all required documents that were still missing. Client said she would get it all done and bring back to our office. We explained that getting filed and getting a case number would stop all of the legal collection issues she was dealing with. On the same day client called to see if we had received her CCC – we did and had placed it in her file. This was paid for by our firm because it is included in the price of her bankruptcy. We also went over the list of missing items still needed from her including questionnaire, signed disclosures and responsibilities, and the paystubs/pay history. On 9/5/17 client again came into the office to drop off more docs and speak with the staff about moving forward. Was informed again of the missing items. On 9/12/17 our office began to prepare client’s bankruptcy petitions. At this time we checked the federal bankruptcy filing database to confirm her prior filling and it stated a bankruptcy was filed within the prior 8 year period. Client had filed on 11/21/2011 and therefore would not be able to file another Ch. 7 until 11/21/2019. However, Client would be eligible to file a Ch 13. On 9/14/17 Patricia from Credit Control called regarding the clients debt. We informed her that we had been retained and that we would be filling as soon as we had all of the required information to do so. On 9/19/17 – Our office spoke with [redacted] again letting her know that she would need to file a Ch. 13 and not a Ch. 7. We explained the reason was her recent filling in 2011. She was upset and wanted a refund. We explained that a lot of work had been done at this time and that she would only get a partial refund. We also let her know that there was no cause for concern as she was not working and would not be able to be garnished. We discussed her options at length and she said she would decide how to move forward and let our office know. On 9/28/17 Client again came in and spoke with the attorney at length about the options and moving forward. She said she would move forward with the Ch. 13 once she had work again. On 10/10/17 Paralegal added more bills and creditors to Schedule F of the bankruptcy petitions. On 10/17/17 Client’s friend called in to get information on this case and ask why her case had not been filed yet. He was informed that because we do not have permission to discuss with him that we would not do so. On 10/25/17 Client called in again and she claimed that our information was incorrect regarding the timing of her previous bankruptcy and that she was eligible for a Ch.7, since her last one was done in 2008. Client was going to provide documentation from the first filling of the Ch. 7 to show us the “correct” filing date. Additionally, she accused her prior attorney of messing up her bankruptcy and failed to get all the creditors listed in the previous bankruptcy. On the same day, Client came in to bring the documents for her prior bankruptcy to show proof of the filing date in 2008. However, the documents that were provided were from her divorce proceedings in 2008 and had nothing to do with her prior bankruptcy. We printed off a document form the federal bankruptcy filing database and showed her that the case had been filed in 2011. She finally agreed and asked what her options were. Our Ch. 13 attorney then met with her for a little less than hour discussing her options. One option provided to client was wait to file since she is not working so creditors could not really do much to her. If she decided to surrender the car, then a Ch. 13 would be workable at about $100.00 which might be doable with her current income. Our Ch. 13 attorney, explained once again the reason why the client could not file a Chapter 7 until 2019, because the client kept saying she would file a Ch. 7 in 2018. We believe she was confused because under the old rules of bankruptcy it used to be a wait time of 7 years between fillings, however it was changed several years ago to every 8 years. After client left she again called in and asked for a refund. She was informed that due to the amount of work that was already done on her case that she would not get a full refund and was offered a $400 refund. She said to hold on to all of the money because she would wait until the time she could file in 2019. Our normal hourly billing is $250.00 an hour. For the amount of time and effort our office put into this client at our billable rate far exceeds the amount of what was paid to our office. We tried to offer her a refund of $500.00 dollars today (10/31/17) but client told us she plans to contact the Utah State Bar, and then said “See you later fat [redacted]” and hung up. At this time we believe we have acted in good faith, and done above and beyond what is reasonably expected for this client.