J. M. Smith

Please allow this letter to respond to the complaint that you received from [redacted].  Mr. [redacted] and his wife contacted us to represent them in a Chapter 7 bankruptcy on September 7, 2015 (see attached Representation Agreement).  We agreed to represent the [redacted]s for a...

flat-rate legal fee of $800.00.  The [redacted]s paid $400.00 and agreed to make regular monthly installment payments of $100.00 on their balance until paid.  When we initially met, the [redacted]s were behind on their monthly rent for their apartment.  I explained to them at our initial meeting and many times after in phone calls and text messages that the bankruptcy would discharge rent prior to the date of the filing of their bankruptcy petition, but would not discharge any post-filing portion of their rent.  The [redacted]s told me that they planned to move out of the apartment right away so this was not an issue.  Although the [redacted]s had not yet paid their entire legal fee, I agreed to file their bankruptcy case because they were facing a potential garnishment.  The bankruptcy case was filed promptly on September 8, 2016 (see attached Notice of Filing) and then [redacted]’s employer was faxed to stop the garnishment (see attached Facsimile to Payroll).  Everything necessary to complete the [redacted]’s bankruptcy was done properly and they received a discharge on January 9, 2016 (see attached Order of Discharge). Sometime in October, the [redacted]s received a court date in the mail for a hearing in the case brought against them for back rent for their former apartment.  Although I did not agree to represent the [redacted]s in the Bedford case, to help them and prevent further collections, I filed a Suggestion of Stay Due to Filing Bankruptcy with the Bedford Municipal Court on their behalf.  This was granted and the proceedings in the Bedford Municipal Court stopped (see attached Fax and Motion to Stay and Order granting Motion to Stay).  At this time, I had another conversation with [redacted] during which I again told him that the bankruptcy would wipe out their rent obligation prior to the bankruptcy filing, but if he continued to live at the property post-filing he would have to pay rent or they could evict him and collect the post-petition rent.  At that time, I also contacted the attorneys for the apartment that was suing them and negotiated an agreement for them to stay in the apartment if they wished to do so.  This had some particular provisions due to the fact that the [redacted]s had previously written bad checks to the complex for rent.  I sent this proposal to the [redacted]s on October 28, 2016, but they did accept the agreement (see attached text message).  Apparently, however, the [redacted]s did stay at the apartment without accepting the agreement we obtained on their behalf and, despite what they had told me, the [redacted]s continued to live at the property without paying rent or any agreement to do so.  Therefore, the attorneys for the landlord moved to reactivate the old case and evict the [redacted]s and to collect past rent, exactly as I had told the [redacted]s several times would happen if they stayed at the property. In sum, everything in the [redacted]s case was handled timely and appropriately.  I completed their case and continued to help them despite the fact that they made no payments in the eight months that have passed since their initial payment.   I explained the rent issue completely to the [redacted]s several times and went beyond the scope of the bankruptcy to assist them with the Bedford case and to negotiate a resolution if they wanted to stay, which was communicated to them but not accpeted.  I repeatedly explained to them in person, on the phone and in texts what would happen if they continued to live at the apartment after the bankruptcy filing without paying rent or any agreement.  I then continued to help them when they informed me they had another court date and sent them the bankruptcy paperwork they requested and told them what to do and again offered to help them if they needed it (see attached texts).  I understand that Mr. [redacted] was stressed, but in his communications with me, as in this complaint, on different occasions he was unnecessarily rude particularly given that I was sincerely trying to help him.  It is my understanding from Mr. [redacted] that the situation was resolved with a payment plan where the [redacted]s have agreed to repay the rent due for the portion of time they resided at the apartment after the bankruptcy filing, which is exactly what I had told them they were responsible for (please see attached texts relating to the above).  We work very hard to help and try to ensure the satisfaction of every client.  I believe everything was done timely and appropriately in the [redacted]s’ case and I tried to go out of my way to help them as I would like them, and every client, to be very satisfied with our service.  The advice I gave them was completely accurate and I continued to help them, beyond the scope of our agreement, despite the fact that they made no effort at payment and notwithstanding Mr. [redacted]’s rude comments and behavior toward me.  I regret that they were not satisfied with our services and sincerely wish them the best of luck in the future. Client satisfaction and communication are very important to us and we wish to cooperate with the Revdex.com to make sure that any concerns are promptly addressed and resolved.  I believe this response fully addresses Mr. [redacted]'s complaint and that it has already been resolved as explained above, but please let me know if you require any additional information.  Thank you.   Regards, Justin M. S[redacted]