I write in response to your letter dated April 14, and in response to the complaint with
your office by *** ***Our office occasionally has substantial difficulty with an upper income
greedy person insisting that she is entitled to have all of her debt completely removed by
bankruptcy
law without any money paid to unsecured creditorsThis type of person has difficulty understanding
that bankruptcy law is not designed in this mannerUnder the general design of bankruptcy law,
lower income people will be allowed to file a chapter bankruptcy and all of their debt is legally
removed by a chapter discharge order without payment to creditorsFor upper income people,
bankruptcy law provides a chapter bankruptcy option that requires the person to pay all or a
portion of their debt in monthly payments over a 3-year period and protects the person from all
types of creditor harassment over that 3-year periodWhether an upper income person pays all
of their debt, or a portion of their debt, depends on the actual income of the personHowever, for
each person who earns more income than the Virginia state median income, the law strongly
presumes that such a person will use chapter bankruptcy
*** *** is an upper income person who makes more than the Virginia median income
for her family sizeThe only reason I suggested that a chapter bankruptcy may be a possibility on
the first day is because she under-reported her income to me and over-reported her household size
When I later discovered the truth about this client, my office and I prepared a chapter bankruptcy
petition which was pages longThe bankruptcy petition was ready for signature in November,
2013, but *** *** insisted that she wanted to file a chapter case because her income would
be substantially decreasing in the near futureI informed her that a chapter was not possible unless
her income actually did decrease, and I agreed to wait for several months to determine if this
decrease would occurI was never able to determine if the decrease occurredI invited Ms***
to meet with me to discuss the income, change in income, and extra benefits of chapter which is
not experienced in a chapter 7, but Ms*** refused to meet with me
Ms*** believes she is entitled to a full refund, or a substantial refund, because her case
was not filed and she should not have to pay for time spent on her case which occurred without her
presence in the officeHowever, our firm records show that many hours were spent on her case to
prepare and finalize pages of legal bankruptcy paperwork, and most bankruptcy petition
preparation paperwork is performed without the client's presenceThe fee agreement,signed by Ms
*** before any work began, would allow us to charge $3,fora chapter bankruptcy case
However, we charged only $1,and generously refunded $to this clientFurthermore,
contrary to her complaint, my firm provided Ms*** with detailed time sheets and a draft copy
of the bankruptcy petition which we had prepared and was ready for filing
Therefore, in summary, *** *** is an upper income person who had the income and
ability to pay her creditors, but she wanted to pay them nothingWhen this was not possible
pursuant to bankruptcy law, she insisted on a large refund regardless of the large amount of work
performed by my office in preparing her chapter bankruptcy petitionHer refund from my office
was generous and should not have prompted a complaint to the Revdex.com
Sincerely,
Roland SCarlton, Jr., Esq
Attorney at Law
Revdex.com:
I have reviewed the response offer made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
All I have to say is WOW!!! This letter just reinforces what I said in my original complaint against this firm
Any educated individual in MrCarlton's positon should not have to resort to name calling and slander to justify his work for a client
Less than 1/of what he stated in his response is the truth, but I refuse to waste any more of my time defending myself. I went to Carlton Legal Service because I was in the middle of a nasty divorce, I was trying to pay my bills, and work and take care of my family and was very plain in my desire to file a Chapter 7, with no interest in Chapter 13...not because I wanted to run away from my debt, but because I could not pay all of the debt and also support my daughter
I will finish by saying thisHe did give me $of my $back, and yes he did draw up a page document, that would not have been needed, had he listened to me at our original meeting
Shame on him and good luck to anyone who chooses this firm!!
Regards,
*** ***
Under Bankruptcy law, Debtors are required by law to pay to creditors the monthly amount which they can afford to pay. A low income family can qualify for a chapter 7 bankruptcy because proof can be submitted to the Court that all of the...
family's household income equals or is below reasonable living expenses. For a higher income family, a chapter 13 is filed so that monthly payments to creditors can be paid over a 3-5 year period under a plan approved by the Court. These monthly payments are based on a detailed analysis of a family's ability to pay by 1) calculating precise income from 6 months of pay data and 2) gathering information for detailed monthly expenses and 3) gathering information about all of a family's assets and 4) gathering information about all of a family's debt. This detailed chapter 13 analysis requires numerous hours of preparation and results in about 60 pages of legal documents. The final result, the family's monthly payment to their creditors through the court approved plan, pays creditors from 5% of their debt to 100% of their debt. The final result is based on the family's ability to pay after complete analysis of their entire financial situation. As Bankruptcy lawyers, we sometimes encounter a problem when wealthier clients do not want to pay any money to their creditors and, instead, want to file a chapter 7 bankruptcy where their creditors receive nothing. This problem occurred for the person making this complaint. Our records show that, during the first consultation, the attorney initially predicted a chapter 13 case because these were wealthier people and a family size of only 3, so this family probably had the ability to make monthly payments to their creditors. However, the day following the first consultation, these clients sent a lengthy email asserting that they should be allowed to file a chapter 7, pay nothing to their creditors, and they wanted to file quickly so that both of them could then find higher paying jobs. Our firm responded that a final determination of the appropriate chapter could only be made after a complete analysis was performed, and we did not even have any documents upon which to begin the analysis. Several weeks later, the clients bring a large stack of documents, but waited only 2 days before sending additional emails asking whether the complete analysis had been performed,whether they could file a chapter 7 bankruptcy or, if not, the amount of monthly payment required in the chapter 13 bankruptcy. In essence, these clients wanted our firm to perform the amount of work which usually takes 8 - 12 weeks for most cases and perform the work in under a week. In fact, these clients terminated our work less than 2 weeks after delivering the large stack of documents. Furthermore, these clients were asking that we perform work valued at approximately $1,200.00 after only paying $100.00. Our time records clearly showed that we had performed about $300 of work before our firm was terminated from representation, and we simply did not seek payment of the additional $200.00. Roland S. Carlton, Jr., Esq.Carlton Legal Services, PLC
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
My complaint is that Mr Carlton did not review the pay stubs nor evaluate which chapter we were eligible to file. As indicated in my initial complaint, these records were left with Mr Carlton's assistant to review and she told me that she would do so within 2 weeks. Mr. Carlton's statement that they were at his office for 2 days is absolutely innacurate, it was 2 weeks. We followed up with a couple calls and emails on progress.We are not wealthy and his overview of our situation is completely off base. There was no work performed by Mr Carlton, because his assistant wasn't even aware that pay stubs had been enclosed with our paperwork. She told me this on the same day that I retrieved our documents, which was 2 weeks later. If any work had been performed, this important detail would have been known. This was the criteria for determining our eligibility to file. Any other attorney contacted is able to assess this criteria on the first free consultation. He should have had a clear answer within 2 weeks as to which chapter we qualified. The initial consultation was free, the retainer was paid to file bankruptcy. This did not happen because this office was not willing to make a reasonable effort to make an evaluation to determine our options. We want our retainer of $100 refunded as no evaluation was made.
Regards,
[redacted]
I write in response to your letter dated April 14, and in response to the complaint with
your office by *** ***Our office occasionally has substantial difficulty with an upper income
greedy person insisting that she is entitled to have all of her debt completely removed by
bankruptcy
law without any money paid to unsecured creditorsThis type of person has difficulty understanding
that bankruptcy law is not designed in this mannerUnder the general design of bankruptcy law,
lower income people will be allowed to file a chapter bankruptcy and all of their debt is legally
removed by a chapter discharge order without payment to creditorsFor upper income people,
bankruptcy law provides a chapter bankruptcy option that requires the person to pay all or a
portion of their debt in monthly payments over a 3-year period and protects the person from all
types of creditor harassment over that 3-year periodWhether an upper income person pays all
of their debt, or a portion of their debt, depends on the actual income of the personHowever, for
each person who earns more income than the Virginia state median income, the law strongly
presumes that such a person will use chapter bankruptcy
*** *** is an upper income person who makes more than the Virginia median income
for her family sizeThe only reason I suggested that a chapter bankruptcy may be a possibility on
the first day is because she under-reported her income to me and over-reported her household size
When I later discovered the truth about this client, my office and I prepared a chapter bankruptcy
petition which was pages longThe bankruptcy petition was ready for signature in November,
2013, but *** *** insisted that she wanted to file a chapter case because her income would
be substantially decreasing in the near futureI informed her that a chapter was not possible unless
her income actually did decrease, and I agreed to wait for several months to determine if this
decrease would occurI was never able to determine if the decrease occurredI invited Ms***
to meet with me to discuss the income, change in income, and extra benefits of chapter which is
not experienced in a chapter 7, but Ms*** refused to meet with me
Ms*** believes she is entitled to a full refund, or a substantial refund, because her case
was not filed and she should not have to pay for time spent on her case which occurred without her
presence in the officeHowever, our firm records show that many hours were spent on her case to
prepare and finalize pages of legal bankruptcy paperwork, and most bankruptcy petition
preparation paperwork is performed without the client's presenceThe fee agreement,signed by Ms
*** before any work began, would allow us to charge $3,fora chapter bankruptcy case
However, we charged only $1,and generously refunded $to this clientFurthermore,
contrary to her complaint, my firm provided Ms*** with detailed time sheets and a draft copy
of the bankruptcy petition which we had prepared and was ready for filing
Therefore, in summary, *** *** is an upper income person who had the income and
ability to pay her creditors, but she wanted to pay them nothingWhen this was not possible
pursuant to bankruptcy law, she insisted on a large refund regardless of the large amount of work
performed by my office in preparing her chapter bankruptcy petitionHer refund from my office
was generous and should not have prompted a complaint to the Revdex.com
Sincerely,
Roland SCarlton, Jr., Esq
Attorney at Law
Revdex.com:
I have reviewed the response offer made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
All I have to say is WOW!!! This letter just reinforces what I said in my original complaint against this firm
Any educated individual in MrCarlton's positon should not have to resort to name calling and slander to justify his work for a client
Less than 1/of what he stated in his response is the truth, but I refuse to waste any more of my time defending myself. I went to Carlton Legal Service because I was in the middle of a nasty divorce, I was trying to pay my bills, and work and take care of my family and was very plain in my desire to file a Chapter 7, with no interest in Chapter 13...not because I wanted to run away from my debt, but because I could not pay all of the debt and also support my daughter
I will finish by saying thisHe did give me $of my $back, and yes he did draw up a page document, that would not have been needed, had he listened to me at our original meeting
Shame on him and good luck to anyone who chooses this firm!!
Regards,
*** ***
Under Bankruptcy law, Debtors are required by law to pay to creditors the monthly amount which they can afford to pay. A low income family can qualify for a chapter 7 bankruptcy because proof can be submitted to the Court that all of the...
family's household income equals or is below reasonable living expenses. For a higher income family, a chapter 13 is filed so that monthly payments to creditors can be paid over a 3-5 year period under a plan approved by the Court. These monthly payments are based on a detailed analysis of a family's ability to pay by 1) calculating precise income from 6 months of pay data and 2) gathering information for detailed monthly expenses and 3) gathering information about all of a family's assets and 4) gathering information about all of a family's debt. This detailed chapter 13 analysis requires numerous hours of preparation and results in about 60 pages of legal documents. The final result, the family's monthly payment to their creditors through the court approved plan, pays creditors from 5% of their debt to 100% of their debt. The final result is based on the family's ability to pay after complete analysis of their entire financial situation. As Bankruptcy lawyers, we sometimes encounter a problem when wealthier clients do not want to pay any money to their creditors and, instead, want to file a chapter 7 bankruptcy where their creditors receive nothing. This problem occurred for the person making this complaint. Our records show that, during the first consultation, the attorney initially predicted a chapter 13 case because these were wealthier people and a family size of only 3, so this family probably had the ability to make monthly payments to their creditors. However, the day following the first consultation, these clients sent a lengthy email asserting that they should be allowed to file a chapter 7, pay nothing to their creditors, and they wanted to file quickly so that both of them could then find higher paying jobs. Our firm responded that a final determination of the appropriate chapter could only be made after a complete analysis was performed, and we did not even have any documents upon which to begin the analysis. Several weeks later, the clients bring a large stack of documents, but waited only 2 days before sending additional emails asking whether the complete analysis had been performed,whether they could file a chapter 7 bankruptcy or, if not, the amount of monthly payment required in the chapter 13 bankruptcy. In essence, these clients wanted our firm to perform the amount of work which usually takes 8 - 12 weeks for most cases and perform the work in under a week. In fact, these clients terminated our work less than 2 weeks after delivering the large stack of documents. Furthermore, these clients were asking that we perform work valued at approximately $1,200.00 after only paying $100.00. Our time records clearly showed that we had performed about $300 of work before our firm was terminated from representation, and we simply did not seek payment of the additional $200.00. Roland S. Carlton, Jr., Esq.Carlton Legal Services, PLC
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
My complaint is that Mr Carlton did not review the pay stubs nor evaluate which chapter we were eligible to file. As indicated in my initial complaint, these records were left with Mr Carlton's assistant to review and she told me that she would do so within 2 weeks. Mr. Carlton's statement that they were at his office for 2 days is absolutely innacurate, it was 2 weeks. We followed up with a couple calls and emails on progress.We are not wealthy and his overview of our situation is completely off base. There was no work performed by Mr Carlton, because his assistant wasn't even aware that pay stubs had been enclosed with our paperwork. She told me this on the same day that I retrieved our documents, which was 2 weeks later. If any work had been performed, this important detail would have been known. This was the criteria for determining our eligibility to file. Any other attorney contacted is able to assess this criteria on the first free consultation. He should have had a clear answer within 2 weeks as to which chapter we qualified. The initial consultation was free, the retainer was paid to file bankruptcy. This did not happen because this office was not willing to make a reasonable effort to make an evaluation to determine our options. We want our retainer of $100 refunded as no evaluation was made.
Regards,
[redacted]