I received notice today that a client had retained another attorney to vacate an order of dismissal in their bankruptcy case. Their case had been dismissed because they alleged to me that they were current in their Chapter 13 payments, but they could never--or would never--turnover any proof of payments. I, therefore, could not provide proof to the Trustee. We had a hearing date set, but nothing came of it because of lack of proof.
My clients never said a word until their case had been dismissed nearly a month.
Then they pitched a tantrum...and then admitted it was their fault. They said they'd get back to us.
So the Motion to Vacate filed today? The other attorney lays all the blame directly on my shoulders.
It wouldn't bother me, except for the following:
- It didn't happen this way. (When it's my fault, I'll admit it to the judge.)
- I wouldn't have done it this way, and neither would 90% of the rest of the local bankruptcy bar. (We would have called the prior attorney, or at least taken the clients' story with a grain of salt--we hear "my former attorney did this or that" all the time. ALL THE TIME...and it means nothing at all.)
- Now I have my own motion being heard on the same calendar. (Yeah...couldn't bother to help THOSE clients...but I'm willing to help THESE clients. This ought to be fun!)
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