Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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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