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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2875
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I had a chap 7 discharged in 2009. I pressed my lawyer about

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I had a chap 7 discharged in 2009. I pressed my lawyer about Fed taxes that I owed, and that 2005 would be discharged with it. However, since I had filed for an extension that year, the IRS said that it didn't qualify. So I missed this by filing for chap 7 three months too soon. This would have been $10k debt gone that I now still owe. Is this grounds for a malpractice suit?
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Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

It depends on the situation. I assume that the attorney had you sign a disclaimer that taxes are often non-dischargeable.

Terry L. :

If you did not tell the attorney that you filed the extension, then you would not have a case.

Terry L. :

It depends on what the lawyer guaranteed you.

Terry L. :

contract language would be important

JACUSTOMER-vjs8ba0c- :

Good question. I would have to look and see. I know that this was a concern of mine back then, and she had me press forward.

JACUSTOMER-vjs8ba0c- :

We did discuss my concerns via email

Terry L. :

You may have a case though if you have provided the transaction list from the IRS so that the attorney could determine the proper filing date though.

JACUSTOMER-vjs8ba0c- :

That would be the one issue I would have to look deeper into

Terry L. :

if the attorney was on notice to all filings it will help.

JACUSTOMER-vjs8ba0c- :

very helpful, thank you


 

Terry L. :

also, if you had other pressures, like garnishments that you wanted stopped immediately, that is an issue too.

Terry L. :

So, talk to the lawyer. perhaps you can work something out.

JACUSTOMER-vjs8ba0c- :

That is what i would prefer to do

Terry L. :

Only if you get no results would i turn to the malpractice.

Terry L. and other Bankruptcy Law Specialists are ready to help you
thanks for your question, good luck.

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