Initial Business Response /* (1000, 6, 2014/06/13) */
Contact Name and Title: *** ***, President
Contact Phone: XXX-XXX-XXXX
Contact Email: ***@zaplawfirm.com
I have been representing Ms*** for nearly yearsShe is in a Chapter repayment planSince her
case has been pending I or one of my colleagues has appeared in court approximately ten timesWe have successfully suspended or reduced her monthly payments four separate timesThe last occasion is what triggered this complaintWe requested a three month suspension in plan paymentsWhile the motion was granted the entry of the order was delayed due to the schedule of the Judge assigned to Ms***' caseThis delay meant that Ms*** in reality only received a two month suspension in paymentsI tried to have the order modified but the Judge refusedI did everything I could for Ms*** on this occasion and all othersHer case has less than a year to go and upon receiving her discharge she will be cleared of the majority of her debtThis will result in her saving well over $20,based on the debts she had at the time of filing
It is for this reason that I find Ms***' statements so perplexingIn addition to the court appearances I have had numerous conversations with Ms*** and have tried to help her successfully complete her caseI understand that the Chapter process can be frustrating but I feel I have gone the extra mile for Ms***I am not even going to address the remark about complaints by other clients as I have been practicing law for nearly years and have helped thousands of clients navigate the bankruptcy processMy number one source for new clients is referrals from my past and current clients
I think Ms*** knows that I have done my best for her and is just frustratedUnfortunately, there are no other attorneys in our office available to assist her in her caseAs a result, the only possible alternative resolution of this matter would be to withdraw and allow Ms*** the opportunity to hire someone newHowever, I do not think that would be in her best interestAnd I do not think she believes it would eitherJust this week I received an email requesting that I remain her attorneyThat request in my mind should resolve this matter
Initial Consumer Rebuttal /* (3000, 8, 2014/06/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Once again the inconsistency in her story is in accurate I have documentation I only deferred my payments time last time year and time this year giving me a total of months of payment defermentOn several occasions I explained to her that I was no longer working a second job and that the payments that I was paying was causing me to be behind in my personal bills, she claims that I never told her that which if that was not true then why would I be asking for a deferment.?Because when I was set up originally for my repayment it was based on my second employer incomeSeveral times I asked her to get payments lowered and it wasn't until the paycheck 6/13/that there was a decrease in payment from to my take home pay today was how am I suppose to pay my rent of and other utilities with incomeI am asking that my case be reviewed for a more substantial decrease in paymentsAlso when she sent me the email on the 6/it was prior to me reviewing my case and understanding that these payments and her behavior were unacceptableSo I am still poising my concern
Here is her email sent to me
Final Business Response /* (4000, 10, 2014/06/17) */
There are no inconsistenciesMy statement was that we either suspended or reduced her payment four timesAs she states, it was suspended twiceIt was also reduced twiceThat's fourShe did explain that she was no longer working a second job, that is why the payment was reduced the second time just last monthAs for the emails that Ms*** attached to her supplement, I did attempt to reach out to her to resolve things prior to her filing this complaintOnce this complaint was filed, I reached out to her again to advise her that I did not think I could effectively represent her and be in this type of adversarial situation at the same timeI had advised Ms*** that I would withdraw so that she could find a different attorney that she was more satisfied withBut what Ms*** is not stating in her responses is that we have exchanged several emails since this complaint was filedIn one email she states "I am willing to withdraw my complaint because this was filed due to a moment of frustration"I realize that the point of these communications is try to and resolve things to the satisfaction of all partiesUnfortunately, I am not sure that I can see a way to do thatIf Ms*** is not happy with her representation, then I will withdraw as originally suggestedShe is free to seek legal counsel from whomever she pleasesBut what Ms*** is seeking is for me to change a court orderI cannot do thatI would lose my licenseThe only person able to alter a court order is the JudgeAnd we have been down that path
Now, the one thing that I do not understand from Ms***'s response is the amount of her paymentLast month, her payment was decreased from $1338/mo to $956/mo (almost $less)So her deductions should have decreased from $biweekly to $biweeklyIf they are anything other than that, this is the first I am hearing of it and her payroll department needs to correct that error on their part
Initial Business Response /* (1000, 5, 2014/08/22) */
Contact Name and Title: [redacted] Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@zaplawfirm.com
Complainant's version of events leaves out quite a few details. Without disclosing too much personal information, here is...
what actually occurred. On June 30, 2014 complainant met with me to discuss his financial situation. We discussed his income and expenses as well what outstanding debt was most troubling. After discussing these issues it was my recommendation that a Chapter 13 Bankruptcy would be his best option. I then gave him an overview of how a Chapter 13 works. Complainant was interested in exploring the Chapter 13 and wanted to know what his payment would be. This is where the free consultation ended. I had reviewed his situation and advised him of his rights. Once he had chosen to pursue the Chapter 13, and we began completing all the necessary documents, I was performing legal services for which I am entitled to compensation. We spent another 45 minutes to an hour carefully going through each of the schedules. We thoroughly explored his assets, income, and regular monthly expenses. At the end of this process I was able to tell him what his monthly payment would be. I did explain that supplemental documentation would be necessary to confirm the payment amount. At the close of the meeting I provided the client with a detailed list as to what documents would be needed to file the case along with a down payment of $400.00. I was also aware that due to circumstances the client was looking to get the case filed as quickly as possible. The next day I completed as much of the file as I could until I received the other documents. A $400.00 payment was made by someone on behalf of the client, but there was a refusal to turn over certain documents. Without these documents a case could not be filed. For the next two days there were various exchanges between myself, the staff, the complainant, and his spouse. Ultimately Mr. [redacted] chose to cancel the case when our office refused to file said case without the additional necessary documentation. While I was out of town complainant requested a refund and spoke to the President (not office manager as he states) of Zalutsky & Pinski, Ltd., [redacted]. Ms. [redacted] explained the situation to him and stated that she and he should wait until my return and speak with me. Upon my return I completed an itemization of time spent on this particular file. Between attorney and staff time there was over $800.00 in time spent trying to get complainant's Chapter 13 filed.
I have been at Zalutsky & Pinski, Ltd. for nearly 16 years and have helped thousands of people get relief from their financial burdens. I take my duty to my clients very seriously, but I am also an officer of the court and have an obligation to make sure that any case I file is submitted in good faith. Complainant's refusal to submit the necessary documentation made that impossible to do. I thoroughly went over complainant's information and was prepared to file his case but he refused to tender necessary documentation. His failure to do so does not discount the time and effort invested by myself and the rest of the law firm.
Initial Consumer Rebuttal /* (3000, 7, 2014/09/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I don't agree with the response that was given. I do agree that there are some details that the business left out. Let's start with the being advised on the chapter 13. I had a previous Chapter 7 which at the time I only could do a chapter 13 if anything. Mr. [redacted] was told of my situation being in Divorce court for the last 2 years and why my wife's attorney told her not to give me any documents of hers. That's why I couldn't get any of her check stubs (documents). Then after I emailed Mr. [redacted] that I couldn't get her check stubs then asks for me to get her to sign a affidavit. I find the web site of Zalutsky & Pinsky Ltd misleading when on your web site it clearly states free consultation. The web site doesn't say after 45min then the firm can charge. You then claim that you processed paper work and had staff do work for a total of $800 all this done in 2 days? All the documents that I took to the free consultation which were a few bills and a copy of my Chapter 7 which was never returned to me. Mr. [redacted] did the calculations during the free consultation and printed the paper work. I was never given any copies of any contract when my free consultation was over in about 45min. I find it saddening that this firm would try to keep my money after I needed help without providing service.Then to try to make up a bill on a free consultation truly unprofessional.
Final Business Response /* (4000, 9, 2014/09/19) */
First, the complainant fails to address the issue of why he could not get his wife, or his wife's attorney, to sign an affidavit regarding their current marital status. This would have gone a long way towards clearing up the situation. The complainant provided us with several pieces of information which led us to have to presume that any divorce was being put on hold, and therefore the client was to be treated as married. Household income verification is required by the Bankruptcy Court, and our office has no authority to waive such requirement.
Second, the complainant signed retention documents. He signed more than half a dozen documents representing that he was retaining us to file a bankruptcy case for him, and agreeing to abide by the requirements of that filing. After signing, the complainant was given our "Bankruptcy Information Packet" which clearly laid out what the client was required to do in order for my office to file the case. It should have been clear at that point that this packet is not given to the general public as part of a free consultation. The items required were specific to the type of case being filed and to the individual who was filing the case.
This case was not filed only because of the complainant's refusal to comply with the law, after signing a contract with us. To continually harp on the idea that the free consultation should have covered all the work this office did on his case is to ignore the fact that the problem was created by the complainant's refusal to cooperate. Had he provided the necessary documentation the case would have been filed.
Frankly, I find it rather insulting that even though I took every measure to expedite the processing of his case, complainant argues that he was provided no service. This firm has been around for over 50 years and we pride ourselves on exceptional service and truly helping to ease the financial burdens of our clients. However, we cannot accomplish this alone, we need active involvement from our clients. I can only help someone get of debt and on the road to financial freedom if they provide the necessary information and documentation. In this case complainant fails to acknowledge that services were provided and it was his refusal to tender necessary documentation that led to a case not being filed.
Initial Business Response /* (1000, 6, 2014/06/13) */
Contact Name and Title: *** ***, President
Contact Phone: XXX-XXX-XXXX
Contact Email: ***@zaplawfirm.com
I have been representing Ms*** for nearly yearsShe is in a Chapter repayment planSince her
case has been pending I or one of my colleagues has appeared in court approximately ten timesWe have successfully suspended or reduced her monthly payments four separate timesThe last occasion is what triggered this complaintWe requested a three month suspension in plan paymentsWhile the motion was granted the entry of the order was delayed due to the schedule of the Judge assigned to Ms***' caseThis delay meant that Ms*** in reality only received a two month suspension in paymentsI tried to have the order modified but the Judge refusedI did everything I could for Ms*** on this occasion and all othersHer case has less than a year to go and upon receiving her discharge she will be cleared of the majority of her debtThis will result in her saving well over $20,based on the debts she had at the time of filing
It is for this reason that I find Ms***' statements so perplexingIn addition to the court appearances I have had numerous conversations with Ms*** and have tried to help her successfully complete her caseI understand that the Chapter process can be frustrating but I feel I have gone the extra mile for Ms***I am not even going to address the remark about complaints by other clients as I have been practicing law for nearly years and have helped thousands of clients navigate the bankruptcy processMy number one source for new clients is referrals from my past and current clients
I think Ms*** knows that I have done my best for her and is just frustratedUnfortunately, there are no other attorneys in our office available to assist her in her caseAs a result, the only possible alternative resolution of this matter would be to withdraw and allow Ms*** the opportunity to hire someone newHowever, I do not think that would be in her best interestAnd I do not think she believes it would eitherJust this week I received an email requesting that I remain her attorneyThat request in my mind should resolve this matter
Initial Consumer Rebuttal /* (3000, 8, 2014/06/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Once again the inconsistency in her story is in accurate I have documentation I only deferred my payments time last time year and time this year giving me a total of months of payment defermentOn several occasions I explained to her that I was no longer working a second job and that the payments that I was paying was causing me to be behind in my personal bills, she claims that I never told her that which if that was not true then why would I be asking for a deferment.?Because when I was set up originally for my repayment it was based on my second employer incomeSeveral times I asked her to get payments lowered and it wasn't until the paycheck 6/13/that there was a decrease in payment from to my take home pay today was how am I suppose to pay my rent of and other utilities with incomeI am asking that my case be reviewed for a more substantial decrease in paymentsAlso when she sent me the email on the 6/it was prior to me reviewing my case and understanding that these payments and her behavior were unacceptableSo I am still poising my concern
Here is her email sent to me
Final Business Response /* (4000, 10, 2014/06/17) */
There are no inconsistenciesMy statement was that we either suspended or reduced her payment four timesAs she states, it was suspended twiceIt was also reduced twiceThat's fourShe did explain that she was no longer working a second job, that is why the payment was reduced the second time just last monthAs for the emails that Ms*** attached to her supplement, I did attempt to reach out to her to resolve things prior to her filing this complaintOnce this complaint was filed, I reached out to her again to advise her that I did not think I could effectively represent her and be in this type of adversarial situation at the same timeI had advised Ms*** that I would withdraw so that she could find a different attorney that she was more satisfied withBut what Ms*** is not stating in her responses is that we have exchanged several emails since this complaint was filedIn one email she states "I am willing to withdraw my complaint because this was filed due to a moment of frustration"I realize that the point of these communications is try to and resolve things to the satisfaction of all partiesUnfortunately, I am not sure that I can see a way to do thatIf Ms*** is not happy with her representation, then I will withdraw as originally suggestedShe is free to seek legal counsel from whomever she pleasesBut what Ms*** is seeking is for me to change a court orderI cannot do thatI would lose my licenseThe only person able to alter a court order is the JudgeAnd we have been down that path
Now, the one thing that I do not understand from Ms***'s response is the amount of her paymentLast month, her payment was decreased from $1338/mo to $956/mo (almost $less)So her deductions should have decreased from $biweekly to $biweeklyIf they are anything other than that, this is the first I am hearing of it and her payroll department needs to correct that error on their part
Initial Business Response /* (1000, 5, 2014/08/22) */
Contact Name and Title: [redacted] Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@zaplawfirm.com
Complainant's version of events leaves out quite a few details. Without disclosing too much personal information, here is...
what actually occurred. On June 30, 2014 complainant met with me to discuss his financial situation. We discussed his income and expenses as well what outstanding debt was most troubling. After discussing these issues it was my recommendation that a Chapter 13 Bankruptcy would be his best option. I then gave him an overview of how a Chapter 13 works. Complainant was interested in exploring the Chapter 13 and wanted to know what his payment would be. This is where the free consultation ended. I had reviewed his situation and advised him of his rights. Once he had chosen to pursue the Chapter 13, and we began completing all the necessary documents, I was performing legal services for which I am entitled to compensation. We spent another 45 minutes to an hour carefully going through each of the schedules. We thoroughly explored his assets, income, and regular monthly expenses. At the end of this process I was able to tell him what his monthly payment would be. I did explain that supplemental documentation would be necessary to confirm the payment amount. At the close of the meeting I provided the client with a detailed list as to what documents would be needed to file the case along with a down payment of $400.00. I was also aware that due to circumstances the client was looking to get the case filed as quickly as possible. The next day I completed as much of the file as I could until I received the other documents. A $400.00 payment was made by someone on behalf of the client, but there was a refusal to turn over certain documents. Without these documents a case could not be filed. For the next two days there were various exchanges between myself, the staff, the complainant, and his spouse. Ultimately Mr. [redacted] chose to cancel the case when our office refused to file said case without the additional necessary documentation. While I was out of town complainant requested a refund and spoke to the President (not office manager as he states) of Zalutsky & Pinski, Ltd., [redacted]. Ms. [redacted] explained the situation to him and stated that she and he should wait until my return and speak with me. Upon my return I completed an itemization of time spent on this particular file. Between attorney and staff time there was over $800.00 in time spent trying to get complainant's Chapter 13 filed.
I have been at Zalutsky & Pinski, Ltd. for nearly 16 years and have helped thousands of people get relief from their financial burdens. I take my duty to my clients very seriously, but I am also an officer of the court and have an obligation to make sure that any case I file is submitted in good faith. Complainant's refusal to submit the necessary documentation made that impossible to do. I thoroughly went over complainant's information and was prepared to file his case but he refused to tender necessary documentation. His failure to do so does not discount the time and effort invested by myself and the rest of the law firm.
Initial Consumer Rebuttal /* (3000, 7, 2014/09/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I don't agree with the response that was given. I do agree that there are some details that the business left out. Let's start with the being advised on the chapter 13. I had a previous Chapter 7 which at the time I only could do a chapter 13 if anything. Mr. [redacted] was told of my situation being in Divorce court for the last 2 years and why my wife's attorney told her not to give me any documents of hers. That's why I couldn't get any of her check stubs (documents). Then after I emailed Mr. [redacted] that I couldn't get her check stubs then asks for me to get her to sign a affidavit. I find the web site of Zalutsky & Pinsky Ltd misleading when on your web site it clearly states free consultation. The web site doesn't say after 45min then the firm can charge. You then claim that you processed paper work and had staff do work for a total of $800 all this done in 2 days? All the documents that I took to the free consultation which were a few bills and a copy of my Chapter 7 which was never returned to me. Mr. [redacted] did the calculations during the free consultation and printed the paper work. I was never given any copies of any contract when my free consultation was over in about 45min. I find it saddening that this firm would try to keep my money after I needed help without providing service.Then to try to make up a bill on a free consultation truly unprofessional.
Final Business Response /* (4000, 9, 2014/09/19) */
First, the complainant fails to address the issue of why he could not get his wife, or his wife's attorney, to sign an affidavit regarding their current marital status. This would have gone a long way towards clearing up the situation. The complainant provided us with several pieces of information which led us to have to presume that any divorce was being put on hold, and therefore the client was to be treated as married. Household income verification is required by the Bankruptcy Court, and our office has no authority to waive such requirement.
Second, the complainant signed retention documents. He signed more than half a dozen documents representing that he was retaining us to file a bankruptcy case for him, and agreeing to abide by the requirements of that filing. After signing, the complainant was given our "Bankruptcy Information Packet" which clearly laid out what the client was required to do in order for my office to file the case. It should have been clear at that point that this packet is not given to the general public as part of a free consultation. The items required were specific to the type of case being filed and to the individual who was filing the case.
This case was not filed only because of the complainant's refusal to comply with the law, after signing a contract with us. To continually harp on the idea that the free consultation should have covered all the work this office did on his case is to ignore the fact that the problem was created by the complainant's refusal to cooperate. Had he provided the necessary documentation the case would have been filed.
Frankly, I find it rather insulting that even though I took every measure to expedite the processing of his case, complainant argues that he was provided no service. This firm has been around for over 50 years and we pride ourselves on exceptional service and truly helping to ease the financial burdens of our clients. However, we cannot accomplish this alone, we need active involvement from our clients. I can only help someone get of debt and on the road to financial freedom if they provide the necessary information and documentation. In this case complainant fails to acknowledge that services were provided and it was his refusal to tender necessary documentation that led to a case not being filed.