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  1. #1
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Attorney Won't Move Forward but Wants to Help Me with Bankruptcy

    My question involves medical malpractice in the state of: IN

    I retained an attorney after my husband filed for divorce. Before I retained, I filed a pro se motion for provisional orders and was granted custody of our 17 year old, it was "recognized" that she received SSDI benefits so no formal child support was ordered and he was to pay bills. During pendency, there were many problems and she finally filed for a protective order. I applied to be daughter's representative payee for SSDI, as he would release no funds for her school fees or personal needs. They called him and he told them whatever he did, and kept receiving the checks through June of this year. Earlier, attorney filed contempt motion on that issue and I was granted a judgment that has resulted in several refinements, all costing legal fees but I have yet to see a penny of payment, although he has upped his income $200 by cutting off the phone, internet and satellite .

    A few months ago, after we met regarding allocation of college expenses, she said something along the lines of her not being able to get me much more "free rent". That was highly offensive, as I not only learned that husband had been gambling large sums unbeknownst to me for some time (and I had put more money into our "pot" without realizing why), but I also calculated out that expenses due to the divorce, like the legal fees, were running about $450 monthly (for 2 years). Since I have been putting out these large sums of money for some time now and patiently having to wait for the moneys owed, I have about 3 creditors I'm to the point of having trouble paying. I met with credit counseling a few months ago to figure out options and talked with one creditor already.

    Attorney sent me copy of letter to opposing party that she was going for unequal division, based on dissipation due to his gambling and affair. I am not legally "super savvy" so I trusted she had evidence enough for the fact that SHE filed for a final hearing and the trial was held. It didn't go into a lot of details and I received the final decree recently, it came out equitable division and there was no award of attorney fees, despite much of his behavior resulting in the need for protective action. There was no clarity, either, in a lot of areas. For example, who could live in residence who is responsible to pay bills, merely notes our daughter may have college expenses but no assignment of responsibility. I have to wait til after the house is sold and attorneys receive funds just to "equalize" my portion of estate. A week after getting the decree (although I called first day I received it on issues), I found a bank statement proving further gambling in an out of state casino my husband has been going to for years, most likely, but I mentioned this to her as possibility w/no action; also asked him and he laughed it off. The main point, as I also explained was that the bank statement reflected a point in time when he was supposed to be in Court on a motion he filed to protect our daughters from abuse - from me. There are a lot of other tie-ins to Court and all, but it seems to indicate pretty strongly that he was using the Court fraudulently to protect himself from discovery of his use of funds, etc. She has refused to enter any new motions or appeals; tells me I need to "get over my anger" and make a fresh start and advised me to file bankruptcy through her, which I have stated plainly and during trial that I do not want to do. After the fruitless discussion, I thought things over and realized that although she had gotten a judgment on the first year of withheld daughter's SSDI benefits, there had been nothing done about this past year, to June, as her father, even after the contempt cite and judgment, called or arranged with our daughter to have the checks sent to him and convinced her I was trying to "take all her money".

    So I started adding the support payments I haven't gotten plus attorney and other fees (and leaving a lot out besides) and my "free rent" turns out to be $1300/month ... the shortfall I've been operating under for two years. I SHOULDN'T BE nearly bankrupt. I am also going to have to scramble to figure out a motion I can file timely that might assist in addressing other matters this week. I heard there is a paper attorneys can file to prevent spouses from dissipating further assets. He got rid of one car in the estate, valued at $2200 in a trade for $500 credit (and he was aware, the day he did it, that our daughter's car and mine were broken down and inoperable. I'd have gladly have paid $500 or more, and that was the point, to keep any advantages out of reach.). He threatened that he was going to bankrupt me twice)toward a different car and he collected $2,000 from our daughter for a second car, which was part of the estate and he sold it to her after filing. He also filed his taxes separately to avoid my getting funds toward the judgment and that resulted in a much smaller refund, as I was forced to file as head of household. It also held up our daughter's financial aid; she ended up dropping the day I finally got the final paper from the IRS (the school kept turning off her meal account unannounced and probably stress - her grades weren't where they are normally, as I learned later). I have told her these things, too. Oh, and she told me that filing for clarification "not a good idea" as I might not like what I get. Well, this was his divorce and I don't understand why she filed for final hearing without some certainty of better result. There is no reason he couldn't have filed and I was more protected and with more clarity before. Now stuck with no funds, no attorney apparently and no chance to introduce the evidence of fraud - or whatever it is called. Is there anything further I can point out to her or any point to making complaint?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attorney Won't Move Forward but Wants to Help Me with Bankruptcy

    If you don't like the job your lawyer is doing for you, change lawyers.

  3. #3
    Join Date
    Dec 2012
    Posts
    5

    Default Re: Attorney Won't Move Forward but Wants to Help Me with Bankruptcy

    Quote Quoting Mr. Knowitall
    View Post
    If you don't like the job your lawyer is doing for you, change lawyers.
    Agree, but the problem is that if you paid the a fee upfront, the lawyer will not likely return it to you and many can't afford the retainer a new lawyer will charge.

    My Sister hired an attorney that 1 month later lost his license due to cocaine addiction. I tried to tell her after he represented her at the first hearing that he was not doing a good job as he failed to file several motions that I thought he should have. But, she couldn't afford to hire a new lawyer.

    Hey guess what, your attorney using cocaine is not cause for filing for "ineffective counsel" can you believe that? I bet you could file a malpractice suit if you Surgeon was found to be a cocaine addict.

    Funny how Lawyers seem to be immune from law, guess there is a reason for that, most lawmakers are Lawyers!

  4. #4
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Attorney Won't Move Forward but Wants to Help Me with Bankruptcy

    That seems to be the crux of the problem. If you can't handle your case right, you should get an attorney
    so as not to screw yourself.

    If the attorney violated professional standards, a complaint can be filed. But I believe if damages are involved as a result,
    a civil suit for that must be filed and as usual, there are no "guarantees".

    I'm frustrated as ex dragged everything out intentionally and refused to pay judgment; after the trial I found evidence of more extensive dissipation (and fraud upon the Court, as that was involved with a motion he filed post previous divorce) and so on. Last divorce, I left peaceably and with little to avoid being put through hell. But put through it post dissolution. I haven't done anything "wrong", ex already stated in one of the recorded bankruptcy threat conversations that the judge can go F*** himself and he fired his first attorney, who wasn't "wapping" (his term) satisfactorily. I even got taken to Court by the Mediator because I couldn't pay the bill fast enough, and as it turned out, the attorney hadn't sent one of my payments (25% of total bill) to him ... more attorney fees. I am supposed to generate money from nowhere when the plaintiff in the case is continually acting in bad faith. Seems to me only choices were: get screwed at the onset or get screwed at the other end?

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