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A BBB Accredited Business since
BBB has determined that Law Office of Dale Orthner meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.
BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.
Reason for Rating
BBB rating is based on 16 factors. Get the details about the factors considered.
Factors that raised the rating for Law Office of Dale Orthner include:
- Complaint volume filed with BBB for business of this size.
- Response to 1 complaint(s) filed against business.
- Resolution of complaint(s) filed against business.
- BBB has sufficient background information on this business.
Customer Complaints Summary Read complaint details
|Complaint Type||Total Closed Complaints|
|Problems with Product/Service||1|
|Total Closed Complaints||1|
Customer Reviews Summary Read customer reviews
|Customer Experience||Total Customer Reviews|
|Total Customer Reviews||0|
This business is in an industry that may require professional licensing, bonding
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any requirements are currently being met.
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Type of Entity
Business ManagementMr. Dale A. Orthner, Attorney at Law
Attorneys - Bankruptcy Lawyers Attorneys
Products & Services
Law Offices of Dale Orthner specializes in bankruptcy services.
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Problems with Product/Service
Read Complaint Details
Complaint: On 16 May 2014, this attorney submitted an insulting email to my wife that brought her to tears. Since that email, I have been the brunt of continous harrassment by this attorney. His ettiquette is attrocious. My wife paid him to file a bankruptcy. As this bankruptcy is not joint, only my financial information, not property, were to be reported but he reported all my information as if I were filing with her, and included reaffirmations for vehicles that do not belong to her.
Desired Settlement: Cease and desist ALL contact until June 4th, 2014 for the bankruptcy hearing and ALL contact thereafter. Should ANY documentation be misfiled or incorrect on June 4th, 2014, repayment of half money back to file the paperwork for my wife, MYSELF.
On to the complaint – as implied by ******** text, he was not my client; he did not pay me for services.
His wife, ****, did hire me for her bankruptcy case. I filed the case, attended the trustee meeting with her on June 4 (****** was with her, but said not one word to me), and have already completed everything that is likely to be required in her case. Her case should proceed normally, with a full discharge of her dischargeable debts, and close in about two months. The trustee has already issued a “Report of No Distribution,” which means the trustee does not intend to liquidate any assets, and that ****’s case is essentially done.
The problem arose when I tried to obtain bank statements from ****. Every debtor must submit bank statements to the trustee to show the balance of every account as of the date of filing. I’ve had literally hundreds of clients successfully do this. I sent my standard email to **** on April 29, 2014, but she couldn’t seem to manage to get me the statements.
In fact, I had to send nine additional emails on that issue alone, and further discuss the issue on the phone with her, to try to get the statements. All of these emails, with full internet headers, are available, should they be needed.
I believe ****** may have helped to finally produce the required bank statements, but then he also asserted a few things that are critically wrong. One is that I “included reaffirmations” on vehicles. As I explained to him in an email on May 19:
A “reaffirmation” is lengthy agreement that must be filed with the court. A statement of intent to “reaffirm” a debt is simply a non-binding statement of intent. The two are vastly different as to form and legal effect.
Please stop insisting that your severely limited view of certain legal issues is correct, when in fact much of it is wrong. If you have a question regarding something, I’m happy to answer that.
I have not “included,” or otherwise sent, or even suggested, any reaffirmation of any vehicle (or any other property) in ****’s case. Further, I would not be likely to do so, given the specific financial facts related to those vehicles.
****** also refused to sign a required spousal waiver for ****’s case. Fortunately, the trustee appears to have overlooked the omission and may not require it, even though the law clearly does require it to protect her assets under Cal. CCP 703. His basis for refusal also clearly misstated the law.
He is also incorrect that his property should not have been listed in ****’s petition. The marital community, and thus ****, almost certainly has a “buy-in” interest in the property, and as such, it must be listed. Further, doing so should cause no issues of any kind to anyone.
It is not clear what issues may be behind ******’s behavior, but given his complete silence at the trustee meeting on June 4, hopefully he’s either corrected certain misperceptions, or at least decided to leave the legal work to someone licensed to practice it, and who has successfully done so in hundreds of bankruptcy cases.
I am rejecting this response because:
You are wrong sir yet again. My mortgage company contacting me in reference to your own mistake which has now placed my home in a bankruptcy department and so my mortgage company is now unable to speak with me or FHA regarding assistance until a full investigation is done because you added PREMARITAL property on her bankruptcy. To further add, if 704 exemptions were used, they informed me that yes, my mortgage could have been readjusted at a higher rate to cash out equity RAISING my monthly payment to cover her debts had I signed your form so continue insulting me... I will just let the California Bar Association handle my complaint, which they have received. You also continue to insult my wife and STILL have not appoligized. Further contact regarding this matter will result in a restraining order. Should I have further complications with MY PROPERTY due to YOUR mistakes, I will be filing against you in court. You admitted yourself you filed paperwork fraudelently. I kept my mouth shut otherwise I probably would have been arrested. Unlike you, I learned that if you cannot say anything nice, keep your mouth shut and so I did.
BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.