what can you do if your bankruptsy is handled wrong by your attorney

by Walter Mosciski IV 10 min read

In any event, there are two avenues to take to deal with attorney problems: 1. Contact your state bar (licensing) agency and file a complaint. 2. Contact the United States Trustee's Office for your district. They oversee bankruptcy cases and will, if appropriate, seek a disgorgement of your attorney's fees.

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How do bankruptcy attorneys file bankruptcies?

Feb 24, 2014 · Your attorney will make sure to do so promptly because missing a bankruptcy deadline can cause: delays in the process; dismissal of your case, or; other adverse consequences. For these reasons, one of the responsibilities of your bankruptcy attorney is to know the local rules and filing procedures. Expect Your Bankruptcy Lawyer to Represent You at …

Can I replace my bankruptcy lawyer?

Aug 11, 2021 · Inadequate discovery or investigation into the matter. If you feel as though your attorney-client privilege has been violated by any means mentioned, you may be able to sue your lawyer for malpractice. When filing a lawsuit against your attorney, it is important to seek legal representation immediately.

Can I Fire my bankruptcy lawyer?

Oct 11, 2012 · In any event, there are two avenues to take to deal with attorney problems: 1. Contact your state bar (licensing) agency and file a complaint. 2. Contact the United States Trustee's Office for your district. They oversee bankruptcy cases and will, if appropriate, seek a disgorgement of your attorney's fees.

What should I consider when hiring a bankruptcy lawyer?

Dec 05, 2019 · Bankruptcy may not be the solution to your specific financial problems—If you think bankruptcy will help with student loan arrearages, tax debt, or child support obligations, you may be wrong. The discharge of these types of debts is limited, if not prohibited, in bankruptcy.

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.

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

Can you switch lawyers during bankruptcy?

You can fire and replace your bankruptcy lawyer at any time. ... If you're unhappy with the service provided by your bankruptcy attorney, you can replace your lawyer at any time. Read on to learn more about why you might need to replace your lawyer and what to look for when hiring a new one.

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.

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

What happens when a lawyer lies to his client?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Can you change your mind on bankruptcy?

You do have the right to change your mind after filing bankruptcy, but this can be a lengthy and sometimes complicated process. ... You will then have the right to file bankruptcy at a later date if you needed to. You will need to provide the court with a sufficient reason for changing your mind.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

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

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

What is a retainer agreement?

In general, your retainer agreement (the contract you and your attorney sign) will outline the services your bankruptcy attorney will provide . Your attorney's job is also to provide you with competent advice throughout the bankruptcy process.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

What to do if you don't pay a bill?

If you believe the bill that you’ve received is outside of the context of your agreement, don’t pay it. Ask your lawyer about why the bill is the amount it is and—if you disagree, ask for a reduction. If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment. Find out more from our local association.

Why is it so hard to win a malpractice case?

It is very hard to win a malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.

What are the rights of a lawyer?

Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed. As a summary, you can and should expect your lawyer to do the following: 1 Give you guidance regarding your legal circumstance 2 Keep you up to date about your case 3 Tell you what he or she thinks will transpire in your case 4 Allow you to make vital judgments concerning your case 5 Give you an assessment about what your case ought to cost 6 Help you in any cost-benefit evaluation that you may need 7 Keep in communication with you 8 Inform you of any changes, delays, or setbacks 9 Give you the information you need to make educated decisions, and 10 Prepare you for your case, including disposition and trial preparation.

Can you settle a case without a lawyer?

Yes, you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic.

What are the causes of malpractice?

These basic pieces of malpractice are all due to problems associated with troubled attorney-client relationships. They are normally set off by a lack of communication, dishonestly and incompetence, inadequate legal work, arbitration, and billings.

Can you file a malpractice claim against a lawyer?

While it may be upsetting to not get the compensation you thought you deserved based on your attorney’s comments, you cannot file a malpractice claim against this fallacy. You can, however, get your file from the lawyer and get a second opinion on your case.

What happens if you lie on your bankruptcy papers?

The trustee will typically file an objection to your discharge if you: lie on your bankruptcy papers or during your meeting of creditors (also called the 341 hearing) hide, transfer, or destroy your property in order to defraud your creditors.

How to file for bankruptcy discharge?

If you want to receive a discharge, you must be honest with the court and cooperate with the trustee throughout the entire bankruptcy process. The trustee will typically file an objection to your discharge if you: 1 lie on your bankruptcy papers or during your meeting of creditors (also called the 341 hearing) 2 hide, transfer, or destroy your property in order to defraud your creditors 3 conceal, destroy, falsify, or fail to keep records of your financial activities 4 fail to obey a lawful court order, or 5 otherwise commit bankruptcy fraud.

What does bankruptcy discharge mean?

A bankruptcy discharge eliminates your personal liability for (and obligation to pay back) most types of debt. But the bankruptcy trustee, the U.S. Trustee, and your creditors have the right to challenge your discharge if they believe that you should not be allowed to wipe out some or all of your debts in bankruptcy.

Can you file for bankruptcy multiple times?

This means that if you recently filed for bankruptcy and received a discharge, you may not be eligible for another discharge for a number of years. (To learn more about how often you can receive a bankruptcy discharge, see Filing for Bankruptcy Multiple Times .)

What is an objection to discharge?

An objection to discharge is essentially a lawsuit in bankruptcy court. To successfully oppose the trustee's objection you must know how to conduct discovery, present evidence, and litigate the issues in court.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

You can fire and replace your bankruptcy lawyer at any time. Learn when you might want to do so, and how to find a new attorney

You can fire and replace your bankruptcy lawyer at any time. Learn when you might want to do so, and how to find a new attorney.

Why You Should Replace Your Bankruptcy Lawyer

Debtors hire bankruptcy lawyers to advise and guide them through the bankruptcy system. Just like other types of professionals, bankruptcy attorneys provide a service in exchange for a fee. If you are unhappy with the service, you can fire your attorney.

Drawbacks of Replacing Your Bankruptcy Attorney

Typically, replacing your bankruptcy attorney should be a last resort because doing so could cause problems with your case. Switching lawyers during bankruptcy might:

Hiring a New Bankruptcy Attorney

Bankruptcy is a specialized area of the law. Not all attorneys have the skill and expertise necessary to guide you through the bankruptcy process. If you want to replace your current lawyer, it's important to hire a knowledgeable and competent bankruptcy attorney who can handle your case.

Dealing With Attorney Fees

When you hired your bankruptcy attorney, you probably paid a set amount of fees. If you replace your attorney, what happens to the fees already paid?

What happens if you lie in bankruptcy?

If you lie in connection with your case or make a false statement, your bankruptcy can be discharged. When you file for bankruptcy, you represent under penalty of perjury that everything contained in the filing is true and accurate. If it is later revealed that omissions were made, the trustee or a creditor can challenge your discharge. ...

What happens if a debtor refuses to obey a court order?

This seems like a no-brainer, but if a debtor refuses to obey a lawful order of the court, they could be in trouble. And if your bankruptcy case is denied simply because you failed to comply with a simple court order, you’re going to keep getting those harassing creditor phone calls. Keep in mind that after a discharge, collectors who still call are violating federal law.

What happens if you are not completely honest?

If you are not completely honest, you run the risk that a court may deny you your discharge. 2. Concealing or Destroying Information. Your bankruptcy also can be denied if you conceal, destroy, falsify, mutilate, or fail to keep information regarding your financial condition.

How to deny a discharge?

1. Attempt to Defraud. One common ground for denying a discharge is when the debtor — with intent to hinder, delay, or defraud a creditor — transfers, removes, destroys, mutilates, or conceals property within one year before the date of filing for bankruptcy or any time after the date of filing.

Can a bankruptcy lawyer tell you if you are denied discharge?

While reading the possible ways a court may deny your discharge may worry you, you must remember that all of these grounds for denial can be avoided by your full, open, and honest communication with your attorney. Even if you think a court might find you in violation of one of the above acts, the law surrounding these provisions is highly litigated and fact-dependent. Only a qualified bankruptcy lawyer can tell you whether there is a possibility that you may be denied a discharge.

Can you be denied discharge in bankruptcy?

Only a qualified bankruptcy lawyer can tell you whether there is a possibility that you may be denied a discharge. As long as you are honest, you likely have little to worry about. Before making any decisions about your bankruptcy estate or in relation to filing bankruptcy, get a free case evaluation today. You can call us 24/7 at 877-280-4299.

What happens if you fail to take a financial management course?

When you fail to complete an instructional course about personal financial management, you run the risk of getting your bankruptcy denied. Under U.S. Bankruptcy Code , two instructional courses must be taken. The first is a credit counseling requirement that must be fulfilled before you can begin your bankruptcy case. The second requirement is a financial management course that must be completed during your case and is a requirement for getting a discharge. Your attorney can advise you on the proper instructional course to take to meet this requirement, which could cost anywhere from $20 to $100, depending on where you file. Much cheaper than having your bankruptcy case denied and refiling all over again.

How does bankruptcy work?

Here's how it works. If you don't have enough equity in your home to secure the second or more junior mortgages, then the bankruptcy court can "strip" the liens securing the mortgages and reclassify the debt as unsecured. This debt then gets paid off through your repayment plan.

What happens if you file Chapter 7 bankruptcy?

In Chapter 7 bankruptcy, most or all of your debts are discharged. In exchange, the trustee is entitled to sell your nonexempt property and use the proceeds to pay your unsecured creditor. That means that if your home has a significant amount of nonexempt equity, the trustee will sell it. To learn if your home has nonexempt equity, see Chapter 7 Homestead Exemption.

Does bankruptcy affect mortgage payments?

Chapter 13 bankruptcy does not affect your home mortgage. You continue to make your mortgage payments during and after the bankruptcy. If you are behind in mortgage payments, you can pay off the arrears through your Chapter 13 repayment plan (which lasts three to five years). As long as you make your current mortgage payments ...

Can you modify a mortgage in bankruptcy?

In some instances, you can modify a mortgage in Chapter 13 bankruptcy so that the new principal equals the actual value of your home. For example, if your mortgage is $500,000 but the property value has declined to $300,000, you could modify the mortgage amount to $300,000.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can you keep your home if you file for bankruptcy?

If you file (and qualify) for Chapter 7 bankruptcy and your home is exempt, you can continue to make your mortgage payments if you want to keep your home. Although the bankruptcy will discharge your personal liability for the home loan at the end of the case, the lender's security interest in the property remains in force. So, if you don't make your payments, the lender can foreclose.

Mark Markus

If your lawyer is not returning your calls or responsive to you, you picked the wrong attorney. You should continue to try to get hold of him, but I would send him a letter giving him a specific date by which to respond and tell you exactly what he intends to do to remedy the situation.

Thomas John Cesta

Improperly filed schedules or statements can cause a dismissal; but if the documents are filed properly and a motion to reinstate is filed soon, then this should be easy to fix.#N#You do not have a lot of time to get this fixed, so if the problem happened within...

Dorothy G Bunce

Talk to your lawyer to see what s/he is willing to do to resolve the problem. I find it hard to believe that the case was dismissed simply because the formatting on the creditor matrix didn't conform to the local rules.#N#Hope this perspcctive helps!