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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38132
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Thanks very much. Original debt was 20K. Original lender was

Customer Question

Thanks very much. Original debt was 20K. Original lender was a private individual. There was no dollar amount indicated on the docs I was just served with--I am terrified that, with interest accruing, this may have silently mushroomed into 100K or more. Can't BK now, retired and support kids w/my assets. Of course there is some possibility that the BK was terminated w/o discharge, and I never knew. I was relatively naive about finance/legal. Should I attempt to contact the collection attorney myself and explain the situation? Can they garnish immediately? If BK was terminated w/o discharge, under what conditions would I have recourse against old BK atty?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

Should I attempt to contact the collection attorney myself and explain the situation? Can they garnish immediately?

 

A: The collection attorney wants your money. Nothing else matters. Anything you tell the attorney gives him/her information that may improve his or her position.

 

If BK was terminated w/o discharge, under what conditions would I have recourse against old BK atty?

 

A: You would have to show that notice of dismissal was sent to the attorney, but not to you, and until now you had no idea that the case was dismissed. In that case, you could still sue for malpractice, on grounds that the attorney never defended your interests. Otherwise, the statute of limitations would bar your claim after four years from the date of the bankruptcy dismissal.

 

You can contact the bankruptcy court clerk and ask whether or not your case was discharged or dismissed. Just give the court a call in the morning.

 

Hope this helps.

 

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