how to sue a bankruptcy attorney for delaying tactics

Usually, the demurrer has no merit, but the Landlord’s attorney must file a written opposition and appear at Court for oral argument. Again, most judges will deny the tenant’s demurrer and order the tenant to file an answer within five days, but the effect of the demurrer is to delay the case another 2-3 weeks. Bankruptcy

Full Answer

How can a lawyer delay a court case?

Jul 26, 2011 · Bankruptcy Delay Tactics That Can Destroy Retirement Prospects How Bankruptcy Delay Impact Retirement It’s an unfortunate reality of our current economy, but many workers over 40 are finding that their debt load is seriously interfering with their ability to either save for retirement or to maintain the savings they have already accumulated.

How do I sue a lawyer for negligence?

Answer (1 of 10): I will answer this question from the perspective of a defendant who is facing a likely judgment. Delaying an Inevitable Judgment There are some techniques that may be used to delay entry of a judgment against a client even if the client is …

When to sue a lawyer for breach of contract?

Mar 31, 2012 · The bankruptcy trustees really do amend the rules, often without much input from the attorney bar. I'd talk to another bankruptcy attorney or trustee and get all the facts on the issue first. You might call the trustee or see if the trustee has a website (many do) that provides these rules before you get too upset.

What are some common delaying tactics in a divorce case?

Sep 04, 2020 · To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Why do lawyers use delay tactics?

One common defense tactic in litigation is delay. This is particularly true in insurance coverage and bad-faith litigation. The longer an insurer holds on to the benefits, the more money it makes. The delay tactics start the moment the suit is filed.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

Do lawyers Delay cases?

It quite literally gives lawyers a legal way out, a lawful chance to not perform their required duty. A study by the Vidhi Centre for Legal Policy (VCLP) conducted on Delhi HC found that in 91 per cent of cases delayed over two years, adjournments were sought and granted.

Why do lawyers stall?

Why does a personal injury lawsuit sometimes seem to drag on and on? Often it is due to the tactics of defense attorneys trying to stall the case to their advantage. ... Their goal is to drag the case on and pay out as little as possible.

What can lawyers ask?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

What do you do if your lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

How long should I wait for my attorney to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

What is a Marsden hearing?

A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.

David C Jones

In Virginia, you only have a $5,000 homestead exemption. Normally, you can use this amount to protect a tax refund, cash in the bank, etc. If your assets exceeded $5,000, it may not have been possible to protect them all.

Warren Vincent Norred

The sad reality is that these rules change regularly. What he told you initially may have changed along the way. The bankruptcy trustees really do amend the rules, often without much input from the attorney bar. I'd talk to another bankruptcy attorney or trustee and get all the facts on the issue first.

James Portman Webster

This is not going to be a clear cut malpractice claim for you. Why? This is a he said she said situation.#N#Your statement will be that he promised refunds - not in writing...

Walter C Oney Jr

Before suing or contacting a malpractice attorney, I suggest you file a formal complaint with the Virginia State Bar at www.vsb.org/site/regulation/inquiry.

Dorothy G Bunce

You should contact an attorney in your community that handles legal malpractice about this matter. There are too many unanswered questions to say whether or not you have a good case against this attorney.#N#Hope this perspective helps!

John Gerth Merna

You may have a case but I would need a little more details. Please e-mail me below to determine if it is possble.#N#Look foreward to hearing from you...

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

How long does it take to get a case set for trial?

The Court is required to set the trial within 20 days of receiving the request for trial.

What is a motion to quash?

On some occasions, the tenant will file a Motion to Quash in which the tenant says to the Court that he or she was not properly served with the summons and complaint so that the case should be dismissed.

Thinking About Suing Your Mortgage Lender or Filing Bankruptcy?

As we face a possible third year in this recession (which is officially over if you believe some politicians and economists) many homeowners are still struggling to keep their homes out of foreclosure.

Homeowners Facing Foreclosure May Need to Consider Bankruptcy

Homeowners facing foreclosure should definitely look at their mortgage to see if there is any fraudulent activity on the part of the servicer; but they should also take an honest look at their total financial picture. If they have other financial problems, they may want to seriously consider bankruptcy.

What happens when you file for bankruptcy?

Once you file for bankruptcy, something called an " automatic stay " immediately goes into effect. The stay functions as an injunction prohibiting the bank from foreclosing on your home or otherwise trying to collect its debt. So, any foreclosure activity must be halted. The bank may file a motion for relief from the stay.

How long before a foreclosure can you file for a loss mitigation?

Under federal law, if a complete loss mitigation application is received more than 37 days before a foreclosure sale, the servicer may not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, until:

How to stop foreclosure sale?

If a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. The automatic stay will stop the foreclosure in its tracks. Once you file for bankruptcy, something called an " automatic stay " immediately goes into effect.

Which states have a dual tracking law?

California, Colorado, Nevada, and Minnesota, for example, have each passed a Homeowner Bill of Rights that prohibits the dual tracking of foreclosures. Servicers generally must make a decision to grant or deny a (typically) first-lien loss mitigation application before starting or continuing the foreclosure process.

Can a bank stop foreclosure?

If your bank is using a nonjudicial process to foreclose — where the foreclosure is completed outside of the court system — then you might be able to delay or stop the foreclosure by filing a lawsuit against the bank to challenge the foreclosure. This tactic normally won't work if the foreclosure is judicial because by the time ...

Can you delay foreclosure?

While you can't wait until the very last minute with this option, you might be able delay a foreclosure by applying for a loan modification, or another foreclosure avoidance option, because the bank could be restricted from dual tracking.

Can you save your home if you are behind on your mortgage payments?

If you're behind on your mortgage payments and a foreclosure sale is looming, you might still be able to save your home. You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely, or at least delay it. If you have a bit more time on your hands, ...

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How long do you have to wait to get divorced?

For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Why do people hire moving companies?

Moving homes can often be a stressful experience. Some people choose to contract a professional moving company in order to make the process easier. A few reasons why some people hire a moving company include: 1 Peace of mind that the movers know how to best handle your belongings and keep them safe; 2 Assurance and dependability that the movers will be reliable, whereas relying on friends and family to help during a move can be troublesome; 3 Assurance of a specific date and time in which your belongings will arrive to their destination, as most moving companies pride themselves on providing prompt and professional services; or 4 An efficient solution for handling heavy or bulky items.

Can you sue a moving company?

You may be able to sue the moving company after filing a claim with the company itself. You will need to prove that the moving company initially received your property in good condition; the goods were damaged upon delivery, or not delivered at all; and, the amount of damages are measurable.