Scott T. Blotter & Associates, P.L.L.C.

Complaint: ***
I am rejecting this response because:The documents provided are correct however the report failed to mention:That during the initial visit I handed over months worth of pay check stubs to Scott B***.The only reason that I chose to pay the $was to get help and service on my financial matters.If he felt that all the facts were not there his advise of not paying any more payments on bills, car or condo would have been reckless advice.His action and legal advise to stop paying and stock up on food and supplies with the money was reckless advice and caused additional hardship of loosing my car, having no cash to get caught up on car payments, condo payments, condo fee'sSince the last meeting I have reached out to them by email no less than times June 3, and June 16,Have never received a responseThis after he told me to wait and see how much my next quarterly bonus would be and let him know the amountsThis would determine if the payment would change
Sincerely,
Joshua B***

The following is my response to the Complaintant’s rejection of my prior response: The initial meeting with Complainant was to obtain a brief overview of the Complaintant’s financial situation.  One of the questions asked during the meeting is what Complaintant’s monthly income is.  During this meeting we rely on our clients to accurately tell us their monthly income.  As indicated in the documents already provided, Complaintant stated that his monthly income was $[redacted].  Based on this information  Complaintant would be considered a “below-median” income debtor.  The estimated plan payment I provided was based on the $[redacted] he said was his monthly income.  Paragraph 2 of the “Chapter 13 Service Agreement” (a copy of which has already been provided) in capital underlined letters clearly states that FIRM CANNOT PREDICT THE PLAN PAYMENT AT THIS TIME.  This paragraph was initialed by Complaintant and the entire Agreement was signed by Complaintant on the same day the estimated plan payment was provided. Complaintant met with me to file a bankruptcy and signed a service agreement for me to prepare and file his bankruptcy.  If you are going to be filing bankruptcy, then it makes no sense to continue to pay the debt that you will be including in the bankruptcy.  Debtor indicated at the initial meeting that he may surrender his vehicle to the creditor.  Rather than paying money on debt that will be discharged in your bankruptcy, it is better to use the money to buy food and other necessities.  That is part of bankruptcy planning and is not reckless advice. The second meeting with Complaintant was more detailed.  This is the meeting where we thoroughly review the financial history and prepare the necessary documents to file with the court.  It was during this meeting that we discovered that Complaintant understated his income in the initial meeting.  Based on the paystubs received from Complaintant his monthly income was $[redacted].  This income rendered the Complainant an above-median income debtor and significantly increased his plan payment.  Complaintant basically had three options at that point, one he could file his case with the higher plan payment; two he could wait and see what his income is in the coming months (to possibly show a l[redacted] monthly income and l[redacted] plan payment); or three, he could choose not to file. Complaintant elected to not file and wanted a refund.  I explained to him that pursuant to the terms of the Service Agreement, there would not be a refund.  We pulled complaintant’s credit report, took at least one creditor call, and had almost completed preparation of the documents required to be filed with the court.  We were nearly ready to file the Complaintant’s bankruptcy and I believe the bankruptcy would have been filed, had Complaintant provided accurate information in the initial meeting or had he been willing to pay the required plan payment based on his actual income. Regards, ScottScott T. Blotter and Associates, PLLC

July 17, 2015RE:  Complaint ID [redacted]Dear Ms. Lisa W[redacted]:I initially met with Mr. Joshua *. B[redacted] on February 20, 2015.  At the February 20th meeting we completed a questionaire.  I have attached a copy of the questionaire to this response.  One of the items discussed was...

where Mr. B[redacted] worked and his gross monthly income.  Mr. B[redacted] stated that he worked at [redacted] and that his gross monthly income was $[redacted].  The client's gross monthly income plays a major factor in determining the client's Chapter 13 bankruptcy payment.  Based upon the information given by Mr. B[redacted] (gross monthly income of $[redacted]) I estimated his monthly bankruptcy payment.  On May 15, 2015, when Mr. B[redacted] met with my legal assistant and me to prepare the documents for his bankruptcy, we learned that Mr. B[redacted]'s gross monthly income is not $[redacted], but over the last 6 months had averaged $[redacted].  The reason Mr. B[redacted]'s Chapter 13 bankruptcy payment would be so much more than I estimated in February, was not due to an error on my part, but due to Mr. B[redacted] understating his gross monthly income by more than $[redacted].  Mr. B[redacted] states in his complaint that he only brings home "$[redacted] a paycheck every 2 weeks".  However, when we met with Mr. B[redacted] in May, his paystubs for the last 6 completed months (November 2014 through April 2015) showed an average gross monthly income of $[redacted].My firm opened a file for Mr. B[redacted], pulled his credit report and met with him for 1.8 hours to prepare his bankruptcy documents.  I have attached a copy of our "Service Agreement".  Paragraph 9 of the Service Agreement provides for a minimum administrative fee of $500 if the case is not filed.  Plus an additional $100 each month that the file is open.  Mr. B[redacted] paid us $500 on February 27, 2015 and has made no additional payments.  Thus, pursuant to the terms of the Service Agreement, Mr. B[redacted] is not entitled to a refund.Thank you for providing me an opportunity to respond.Regards,Scott B[redacted]Scott T. Blotter and Associates, PLLC