Everhart Law Office, Ltd

Re: Complaint of [redacted] Revdex.com # [redacted] Dear Sir or Madam: We were surprised to have received this complaintSenior Paralegal Mari [redacted] was working on his case and had spoke with Mr [redacted] on March 2, after exchanging emails over the weekendShe had scheduled a telephone conference with him for that evening to hopefully complete his case so it could be filedIt appears that he filed this complaint insteadHe did not return Mari's call nor did he return calls that I had left for him I met with Mr [redacted] on February 18, and he retained our office to represent him in filing for a Chapter bankruptcyHe had paid the required sees by June 20, One of the requirements was that he continually provide our office with updated paystubs and bank statementsPart of a bankruptcy petition is a calculation of the person's income for the previous six months and the attorney is required to have every paystub in that six month period in case the Department of Justice, Office of the United States Trustee challenges the calculationsAt every initial meeting I have with clients I stress the importance of continually updating the paystubs and bank statementsClients are reminded of this in each piece of correspondence we send themMr [redacted] sent his paystubs and bank statements to us sporadically and when he did they would not include the most recent paystub In order to file under Chapter 7, a debtor must pass several tests regarding his income and expensesWhen he first retained our office, Mr [redacted] was unemployed so clearly he would have passed these testsHe was employed again by the time he had paid off the fees and was borderline on qualifying for the Chapter Several times he believed that his earnings were going to be reduced and that would have given him a greater margin of safety in qualifying for Chapter or, if he had to file Chapter 13, his payment would be lowerThis is why he was allowed to go on for so long, to allow for this reduction in income to occurIn an email on February 28, Mr [redacted] first mentioned that he would be getting marriedObviously her income would greatly complicate his qualifying for Chapter but if he had cooperated, it could have been doneInstead he stopped returning telephone calls and filed this complaint A further complication was that Mari [redacted] was on vacation from January 18, through February 10, This delayed the finalization until the end of February Mr [redacted] states that he left telephone messages on the status of his case and the messages were not returnedIn reviewing his file, I see that he sent several emails during the course of his case asking for a status updateEach of these was returned either by email or by telephoneAll of the other telephone messages were returned Mr [redacted] 's case was put together by July 14, The issue of documenting his income has caused the delay since thenMr [redacted] paid $1,for the attorney fee$for the required credit counseling certificate and $for the court filing feeThe credit counseling certificate was obtained on August 25, If Mr [redacted] had complied with his responsibilities, his case could have been filed in September, Therefore, I believe he is entitled to a refund is the court filing fee of $and perhaps $because I was not required to attend his court hearingI do not believe that he is entitled to a full refund of the sees as they have been earned If you have any questions, please call our office Sincerely, [redacted] JEverhart Attorney at Law

Re: Complaint of [redacted]
Revdex.com #[redacted]
Dear Sir or Madam:
We were surprised to have received this complaint. Senior Paralegal Mari [redacted] was working on his case and had spoke with Mr. [redacted] on March 2, 2016 after exchanging emails over the weekend. She had scheduled a telephone conference...

with him for that evening to hopefully complete his case so it could be filed. It appears that he filed this complaint instead. He did not return Mari's call nor did he return calls that I had left for him.
I met with Mr. [redacted] on February 18, 2014 and he retained our office to represent him in filing for a Chapter 7 bankruptcy. He had paid the required sees by June 20, 2014. One of the requirements was that he continually provide our office with updated paystubs and bank statements. Part of a bankruptcy petition is a calculation of the person's income for the previous six months and the attorney is required to have every paystub in that six month period in case the Department of Justice, Office of the United States Trustee challenges the calculations. At every initial meeting I have with clients I stress the importance of continually updating the paystubs and bank statements. Clients are reminded of this in each piece of correspondence we send them. Mr. [redacted] sent his paystubs and bank statements to us sporadically and when he did they would not include the most recent paystub.
In order to file under Chapter 7, a debtor must pass several tests regarding his income and expenses. When he first retained our office, Mr. [redacted] was unemployed so clearly he would have passed these tests. He was employed again by the time he had paid off the fees and was borderline on qualifying for the Chapter 7. Several times he believed that his earnings were going to be reduced and that would have given him a greater margin of safety in qualifying for Chapter 7 or, if he had to file Chapter 13, his payment would be lower. This is why he was allowed to go on for so long, to allow for this reduction in income to occur. In an email on February 28, 2016 Mr. [redacted] first mentioned that he would be getting married. Obviously her income would greatly complicate his qualifying for Chapter 7 but if he had cooperated, it could have been done. Instead he stopped returning telephone calls and filed this complaint.
A further complication was that Mari [redacted] was on vacation from January 18, 2016 through February 10, 2016. This delayed the finalization until the end of February.
Mr. [redacted] states that he left telephone messages on the status of his case and the messages were not returned. In reviewing his file, I see that he sent several emails during the course of his case asking for a status update. Each of these was returned either by email or by telephone. All of the other telephone messages were returned.
Mr. [redacted]'s case was put together by July 14, 2014. The issue of documenting his income has caused the delay since then. Mr. [redacted] paid $1,294.00 for the attorney fee. $20.00 for the required credit counseling certificate and $335.00 for the court filing fee. The credit counseling certificate was obtained on August 25, 2014. If Mr. [redacted] had complied with his responsibilities, his case could have been filed in September, 2014. Therefore, I believe he is entitled to a refund is the court filing fee of $335.00 and perhaps $100.00 because I was not required to attend his court hearing. I do not believe that he is entitled to a full refund of the sees as they have been earned.
If you have any questions, please call our office.
Sincerely,
[redacted] J. Everhart
Attorney at Law