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Report: #273125

Complaint Review: Fears & Nachawati - Scott York - Dallas Texas

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  • Fears & Nachawati - Scott York 4925 Greenville #200 Dallas, Texas U.S.A.

Fears & Nachawati - Scott York Neglect Of Duty Case Abandonment Unethical Practices Lying Withholding Information Dallas Texas

*Consumer Comment: Why withdraw on the day of the confirmation hearing?

*REBUTTAL Owner of company: Extremely Difficult Client

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I hired Mr. Fears to represent me in Sept. 2006. Mr. Fears told me my case would be filed on Oct 2, 2007 so I would not have to make any house payments until Nov. 06. Instead it was filed on Sept. 29, 06. I mentioned this to Mr. Fears it would be amended. It was'nt.

The employees could barely speak English, and did'nt seem to know what was going on. When I mentioned this to Mr. Fears, he became angry. I told him I was a paying customer and that I expected him to be professional. That was the last I heard from him.

When I went for confirmations (which I was told I did'nt have to go to), I could never find Mr. Fears to find out what happened. No one at the office seemed to know either. Eventually one of the girls at the office told me that Scott York took over my case.

Well he was a disaster. Mr. York told me we could get my case confirmed with the figures EMC gave him and when I had the actural figures (which Aames Home Loan and EMC refused to give me that I could actually understand and read) we could amend my case.

Mr. York failed to do that. On July 3, 07 I received a letter from the Bankruptcy Courts saying that my case had been dismissed.

I filed a motion to reinstate. On Aug. 2, 2007 the Judge ruled that Mr. Fears Firm and Scott York failed in their duty to do everything in their power to ensure that my case would be sucessfully confirmed and I was refunded $1,800.00 of the $2,335.00 I paid. It seems Mr. York had failed to tell me we had a confirmation date on June 21, 2007, did not call me, and did not show up himself for the confirmation. Instead on that same day Mr. York filed a motion to "To Withdraw" as my Attorney. Since I was'nt there either my case was dismissed. I have not refiled yet as I am seeking to get my home refinanced.

I am also out $500.00 of the money I paid. I still did not get confirmed and I only got grief.

Rachel
Dallas, Texas
U.S.A.

This report was posted on Ripoff Report on 09/07/2007 02:12 PM and is a permanent record located here: https://www.ripoffreport.com/reports/fears-nachawati-scott-york/dallas-texas-75206/fears-nachawati-scott-york-neglect-of-duty-case-abandonment-unethical-practices-lying-273125. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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

#2 Consumer Comment

Why withdraw on the day of the confirmation hearing?

AUTHOR: Tim - (U.S.A.)

POSTED: Thursday, November 15, 2007

Mr. Fears,

I have done my share of public defense work, and currently practice bankruptcy. I understand that criminal defendants and bankruptcy filers can be some of the most difficult clients to deal with. And I don't question that this may have been an especially difficult client and that you may have had full right to withdraw.

The problem I see, however, is that your firm filed its motion to withdraw on the very day of the confirmation hearing, which inevitably resulted in the dismissal of the client's case.

So I respectfully posit the following question: why didn't you withdraw earlier, so the client could find replacement representation in time for the confirmation hearing, or at least wait until after the confirmation hearing to withdraw?

It seems like your actions may have been justified, but the timing of said actions innapropriately jeopardized your client's interests.

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#1 REBUTTAL Owner of company

Extremely Difficult Client

AUTHOR: Fears | Nachawati Pllc - (U.S.A.)

POSTED: Tuesday, November 13, 2007

Our firm regrets that Ms. G--- filed a questionable and inaccurate report on this site. Nonetheless, our firm's goal is to serve our clients' interests, including Ms. G---, in the best and most efficient manner possible. Our firm's mission is to treat each and every client with respect, dignity and professionalism. In Ms. G---'s case, we attempted to provide her with nothing but the best in legal representation. However, Ms. G---'s conduct in dealing with our employees was difficult, as her phone calls to our office were laced with inappropriate language. Just as we treat our clients with respect, we expect clients to treat our employees with dignity. Our withdrawal was due in large part to the irreconcilable differences in representing Ms. G---. While it is rare that we encounter difficulties with clients, Ms. G--- is the exception--not the rule. At no time did Ms. G--- try to resolve her issues with our firm at the point she elected to file this report. We welcome a meaningful resolution with Ms. G--- at any point in the future.

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