Roy Kent, Attorney P.S. told me bankruptcy conversion was only solution to save my Jeep from repo,failed to re-affirm the debt, Arcadia took it! ripoff Tacoma Washington
During the last five months of my Chapter 13 Bankruptcy I suddenly became unemployed. I immediately informed Roy Kent of the situation, in which I was informed that not making payments would make the balance of $4,000 due in a baloon payment upon discharge of my bankruptcy. My other option was to give up the vehicle.
Roy said I should consider giving up the Jeep, since repossession wouldn't hurt me any more than the bankruptcy already did. The following month I called to find out what I needed to do, or where am to drop off the Jeep, since my plan was over.
His story changed from before and said that they wouldn't want it back because it's six years old and has too many miles on it. I had to roll over the chapter 13 to a chapter 7, allowing me to keep the Jeep. I wasn't told how.
In his office I looked over the "Voluntary Petition" paperwork and paid him $700. He told me it was my responsibility to contact the creditor regarding my school loan debt and parking tickets for re-payment. He never told me it was my responsibility to call Arcadia Financial to re-affirm the debt.
During the "meeting of the creditors" hearing he asks me if I've been making my payments to Arcadia. I was stunned and confused because I didn't understand why I had to file Chapter 7, if all I had to do was contact Arcadia myself!
Up until then I thought that Chapter 7 protected me from having to pay any creditor, buying me time to be able to pay the balance off once the discharge was done. Especially since I had been at my new job barely a month, I had to pay my lawyer almost every cent I made.
The "retainer aggreement" specifically states that the lawyer fee covers all matters associated with the normal bankruptcy case including phone calls, correspondence and contacts with the creditors.
Arcadia immediately filed for "relief of stay", enabling them to come after me or the Jeep. Upon being informed that there is nothing else I can do, Roy sent their lawyer a letter informing them that I am not going to contest their request and to make arrangements to give up the Jeep.
Four months later they repo's the Jeep.
I am frustrated because my lawyer never discussed options with me just told me what to do. I know that my being ignorant of the law and what to do...so what do I need a lawyer for then?
I feel helpless that nothing can be done, but I will be looking for any information or suggestions.
Andrea
Seattle, WA
Andrea
Seattle, Washington
U.S.A.
4 Updates & Rebuttals
Carl
El Cajon,California,
U.S.A.
Still confused
#5Consumer Comment
Sat, January 14, 2006
I practice bankruptcy law and I find this report hard to believe and hard to follow. Only once in 12 years have I signed off on a client's reaffirmation agreement. The creditor had a lien on all of her household furniture that she had purchased. The creditor greatly reduced the payments and the amount owed, so it was a good deal.
In this case, I don't think the debtor is relaying all the facts. Furthermore, the debtor held on to the vehicle for an additional four months and wasn't able to negotiate a deal with the lender? Something doesn't smell right about this post.
Jill
University Place,Washington,
U.S.A.
Call the King County Bar!
#5Consumer Comment
Fri, January 13, 2006
I am rather bothered by the situation you are in. Here's my "two cents."
I would call the King County Bar and ask for a referral to an attorney that specializes in attorney malpractice. The fee you have to pay is rather nominal and some even offer free consultations. I would do that prior to calling the bar and filing a complaint. I would get started on this ASAP!
Just for your reference, both Pierce County and King County have referral services. I don't think that I am allowed to post the numbers but it is rather easy to locate when searching.
Good luck!
Mark
Kent,Washington,
U.S.A.
I am not the owner - but I am another Bankruptcy Attorney
#5REBUTTAL Owner of company
Fri, January 13, 2006
The debtor is mistaken. Mr. Kent's advice was sound and appropriate. Most bankruptcy attorneys consider it almost malpractice to have the debtor sign a reaffirmation agreement under similar circumstances.
The creditor was forbidden under previous bankruptcy law from repossessing the vehicle - so long as the debtor remained current on his payments... If he fell behind, they could repossess - BUT they could do that anyway, even if he had signed a reaffirmation agreement.
By not signing, he was protected from Arcadia later going after him for any deficiencies owing on the vehicle - which they would have had he signed a reaffirmation agreement.
Another point, the attorney has to assert on the reaffirmation agreement that it would not be an "undue hardship" on the debtor for the loan to be reaffirmed. By the debtor's own assertion, he was unemployed. This is where the malpractice portion would have arisen if Mr. Kent had signed the reaffirmation agreement.
Mr. Kent did this debtor a great service.
Aisha
New London,Connecticut,
U.S.A.
Every man is for himself
#5Consumer Comment
Sun, August 17, 2003
Hi,
I feel so bad for you. When I really down and out my being without made me stronger, so stay strong. Don't worry about the material things they will come through time and with fight. I hope you saved all of your papers and legal documents. Go on line to the FTC and look for what is new. I found in newlawdoc. there is a new law about attorneys that were unscrupulous or "took" the money and ran; now I don't know if this can help you, but there is an attorney bar association that you can complain to. Also, everything does have a statue of limitation so that is something you have to find out in the area you live. See if you can find someone Pro se, to help you to bring some sort of resolution to your case, and be strong. With our current economic situation, you will soon find reports of masses of people in your situation. There are some good lawyers and there are some bad ones, you have go by many avenues to find the good ones. Sometimes when we file papers with the court we forget some documents, your attorney should have alerted you to this. Pray to God to help you and give you strength and don't give in to any weaknesses at this time. God will help you to help yourself. God bless you.