J Thomas Black
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization

If you have a "simple" bankruptcy case, why do you need a bankruptcy lawyer with a lot of experience? Aren't all lawyers the same? No! They're not.

As a lady named Ramona Trejos recently found out, if you don't hire an experienced bankruptcy attorney, you can lose your house! Her Houston home was posted for foreclosure on August 7, 2012. Apparently she hired an attorney, but the attorney inexplicably failed to file a Chapter 13 bankruptcy to stop the foreclosure, until after the foreclosure sale had taken place.

After the bankruptcy was filed, the mortgage company filed a "motion for relief from stay" in the bankruptcy court, asking the bankruptcy judge for permission to evict Ms. Trejos. In granting the motion, U.S. Bankruptcy Judge Letitia Paul stated in a footnote:

Debtor's counsel Poston was aware of the scheduled foreclosure, but unaccountably failed to file a bankruptcy case prior to the scheduled foreclosure.  The court additionally notes that Poston has had difficulty with nearly every phase of this case (including the electronic filing of documents that were incomplete, identifying documents to the court's electronic filing system as purporting to be documents other than what they in fact were, directing the one plan payment Debtor believes she made, to the wrong trustee, and failing to comply with the court's Local Rules, resulting in a failure to obtain a wage order for automatic deduction of Debtor's plan payments).  In addition, Mr. Poston appeared for the contested hearing on the instant matter, knowing that his client does not speak English, without a certified translator.  Instead, Poston provided a paralegal from his office, claiming to be fluent in both English and Spanish, who proceeded to offer editorial interpretation of both the questions he was translating for the witness and the witness' answers.  Additionally, the court notes that of the 28 bankruptcy cases filed in this district by Poston, fully half have been dismissed for failure of Poston to file a list of creditors with the petition, and another two have been dismissed prior to confirmation.  These failures of Debtor's counsel are of considerable concern to the court.

 So, Ms. Trejos loses her house. At least there was no equity in it, but it is still a shame. Don't let this happen to you. If you are facing a foreclosure, don't wait. Don't let it happen. Hire an attorney with experience in these matters, like our office, that can get your foreclosure stopped.

We bankruptcy lawyers joke with each other about clients that say that they have a "simple" bankruptcy case. There really is no such thing. Each case is different, just like each person is different, and each has its own challenges.

That's why we have some factors to consider in finding an excellent bankruptcy attorney, Look for a attorney which specializes solely in the area of consumer individual bankruptcy legislations.
by Provo Bankruptcy Attorney September 3, 2013 at 05:06 AM
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