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Southern Creations Flowers Reviews (4)

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 fileAs 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 weeksMrCarlton's statement that they were at his office for days is absolutely innacurate, it was 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 baseThere was no work performed by Mr Carlton, because his assistant wasn't even aware that pay stubs had been enclosed with our paperworkShe told me this on the same day that I retrieved our documents, which was weeks later If any work had been performed, this important detail would have been knownThis was the criteria for determining our eligibility to fileAny other attorney contacted is able to assess this criteria on the first free consultationHe should have had a clear answer within weeks as to which chapter we qualifiedThe initial consultation was free, the retainer was paid to file bankruptcyThis did not happen because this office was not willing to make a reasonable effort to make an evaluation to determine our optionsWe want our retainer of $refunded as no evaluation was made Regards, [redacted]

The written fee agreement for legal representation states that client will pay an attorney fee of $4,000.00 plus filing fees and other expenses which are incurred during the representation for a chapter 13 bankruptcy case.  Other expenses include appraisal fees.  If the client terminates...

the representation before the case is filed, the client owes the law firm for time expended.  For this client, the total amount of money paid to our law firm from this client was $1,000.00.  By the time representation was terminated by client, the law firm had expended time valued in excess of $1,400.00.  However, although not owed, our firm has decided to return $400.00 to satisfy this client due to a unique situation.

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]

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

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Address: 1013 Louisa St, Rayville, Oregon, United States, 71269-2958

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8774101 0 0
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