Legal Question in Bankruptcy in Massachusetts
Judgement Filed
I retained an attorney back in Dec 04, to file my bankruptcy. I have not heard from her since the second week in January when she sent me paperwork to look over. I received a summons from the court to appear at the end of march for a judgement. I have contacted my attorney with 5 emails and 3 letters (2 with certified) and 7 phone calls since the 3rd week in January. I still have not heard from her. On March 9 she received 1 letter that I received confirmation of, on that same day she cashed my check that I had previously given her on Dec 11, 2004.
My question (actually 2) is do I have to show up for court that day? and What do I do about my attorney situation, I find this situation to be completely unprofessional. I would appreciate any help.
2 Answers from Attorneys
Re: Judgement Filed
Unless a bankruptcy is filed on your behalf prior to the date scheduled for your to appear, you should plan on appearing. You do not mention what exactly the nature of the hearing is. It could be a supplementary process action which, should you fail to appear, could result in the Court issuing a capias for your arrest.
As to the situation with your putative bankruptcy counsel, you shoud seriously consider retaining the services of new counsel. While the period of time involved is not unusual, especially if there was no compelling reason to file (ie. foreclosure scheduled etc), attorney should communicate with their clients. I would be pleased to discuss your situation with you at your convenience.
Re: Judgement Filed
Unfortunately, it does not sound like your attorney is being responsive. Therefore, I would recommend that you consult with a new attorney immediately....do it very soon, so you can get sound advice on what to do about the upcoming court appearance.
Good luck!
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