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Anonymous
22 May, 2012
3 years ago I learned that my partner had embezzled substantial funds from our firm, and that he'd run up unpayable debts; I also feared he might be leaving town imminently with the 2007 company van.
I was referred to Ms. Fogel who--after a 20 minute phone cpnversation--told me I was a good candidate for Chapter 11: no specfics, no numbers, just generalities. I wired her a large retainer immediately, completed gathering all salient documents, records, acct #'s, et al., and sent them to her. Ms. Fogel assured me that my company debts would be negated or settled, that she would modify my rental unit mortgage, and I'd have no problem retaining the company van I paid for.
By November, I was disturbed that no filing had been made and told her so. Consequently, my wife and I met with her @ her partner's office, where she assured us the the filing would be done by Thanksgiving. It wasn't, and in early December my partner absconded with the van, our best equipment, cash, and a company cell phone.
For the next 6 weeks I kept asking her "when?" She finally filed in mid-January, 2010. 3 months later, when I asked how negotiations with the creditors were going, she informed me that I was a "bad fit" for Chap. 11, and that I should voluntarily withdraw my filing, which I did. However, my credit was ruined, I lost the rental, every last creditor came after me, and it took 2 years to track down my partner and get my van back. I am still paying off the last of the company debts.
It shouldn't have been that way.
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