• Report: #1046219
Complaint Review:

James Carmody Attorney at law

  • Submitted: Thu, April 25, 2013
  • Updated: Thu, April 25, 2013

  • Reported By: Stormy — Bandy Virginia
James Carmody Attorney at law
116 Veterans Drive Richlands, Virginia United States of America

James Carmody Attorney at law We paid this attorney 1,457.00 for a brankrutpcy and after they put the info in the computer they said we never qualified and only gave us 469.00 back. Richlands, Virginia

*REBUTTAL Owner of company: "Trust but Verify"

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My husband and i went to this attorney to file a bankruptcy paid him 1,457.00 him and his secretary told us on several occasions that we would qualify for the bankruptcy well they kept asking us to give them the same papers over and over that they had in the file and they had all our info updated and still told us we would have no problems with the bankruptcy. well we go down to the attorney's office to sign the papers to send to the treasurer they put a couple things into the computer and then told us we financially did not qualify for the bankruptcy.

So after the secretary told us this we made an appointment with the attorney and he told me to quite my job and go out and get more debt. at this time we said we were trying to move to tennessee and he told us that we would still be able to apply for the bankruptcy if we went to tenn for 6 months. well then he said that we would not get all our money back and we said why you never filed anything and he said because so we left felling hurt and went back and he was mad and told my husband all i had to do is follow the rules and quite my job and here is our money

he gave us a check for 469.00 way less than what we paid him for not even filling the bankruptcy. we tried to tell him i could not afford to quite my job and we are trying to get a fresh start but he said in order for this to go through we would have to listen. he also said to me he questioned my sanity because we wanted to move....we did everything he asked but quite my job i took all the paper work he asked for over and over again. We feel he ripped us off $988.00 and the bankruptcy never went through or the paperwork signed......

This report was posted on Ripoff Report on 04/25/2013 02:52 PM and is a permanent record located here: http://www.ripoffreport.com/reports/james-carmody-attorney-at-law/richlands-virginia-24641/james-carmody-attorney-at-law-we-paid-this-attorney-145700-for-a-brankrutpcy-and-after-1046219. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 0Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Owner of company

"Trust but Verify"

AUTHOR: james p. carmody - (USA)

Because of the rules about confidentiality, I am not allowed to disclose information about past or present clients.  However, I recently saw this report on the internet and thought that it was unfair and deserved to be answered.

Simply stated, in most cases the Bankruptcy Code requires that a debtor's recent average income must be considered to determine if his/her case is being filed in good faith.  The cutoff point is different in every state.  

Sometimes clients will fill out their paperwork with inaccurate income figures, which make it look like they are under the cutoff point, but when they produce their paystubs the true income is too high.  If that happens, we can hold off on filing and ask for more paystubs later to see if the average has gone down enough to proceed.

Once in a while a client will work overtime, or even take on a new job, thinking that they are helping themselves.  But the Bankruptcy Code cutoff point still applies, so the chances of a successful bankruptcy filing go up in smoke.  You can't have it both ways.  Even moving to another state with a different cutoff point won't help unless you stay long enough to become a resident there, and a move from Virginia to Tennessee wouldn't help because the cutoff point is lower in Tennessee.

It's not unusual for us to redraft somebody's bankruptcy petition with newer, and more helpful, information and get the case filed in court.  But it would be wrong to file it when the law is not on your client's side.  Better to refund the unused part of the fee and let go.

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