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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11647
Experience:  JD, MBA
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I work as an RN at a state prison and recently filed bankruptcy.

Customer Question

I work as an RN at a state prison and recently filed bankruptcy. I just became aware that when my creditors were sent the official paperwork, my law office also sent my home address and social security number to an inmate that has a lawsuit filed against me and my company. This is very disturbing news to me, for both, me and my family's safety, as well as my already damaged credit. My company has filed an order of protection and some other legal papers to get any paperwork with this info on it from the inmate, and basically create a "gag" order on him. I'm thinking that I should be able to get some compensation for the damage this law firm has created. any advise?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

I’m sorry to say that I doubt you have a viable case against your lawyers. First, and most importantly, it is generally required to send that information (at least your name, address and last 4 digits of SS#) to your creditors. Since this inmate had sued you, he was a potential creditor, and thus, it is ordinarily appropriate to send him the information in question.

It may be possible to avoid sending the inmate the information, but it’s certainly something that would need to be approved by the bankruptcy court. Did you explain the situation to your lawyer? Did you tell him that you do not want the inmate to have your personal information? If you did explain the situation to him, then he may have been able to request an exception from the court due to your unique circumstances. To a certain extent, however, it may be a moot point with regard to liability because even if the lawyers negligently ignored your request, it probably wouldn’t amount to legal malpractice since your case hasn’t been damaged as a result of the mistake.

I really wish I had better news for you, but I think you’d be fighting up a steep hill if you were to sue. Of course, you may want to file a complaint with your State’s bar for unprofessional conduct. It’s possible the lawyers will be disciplined.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Edited by TJG, Esq. on 12/1/2010 at 3:22 PM EST
Customer: replied 5 years ago.
Relist: Incomplete answer.
I'm not concerned with the inmate hurting my bankruptcy case, as I believe the lawyer thought. My concern is that my full ss# XXXXX given to an inmate and I may be haunted by this for the rest of my life...I feel the bankruptcy lawyers have potentially destroyed my future and I want to know if they can be held liable and if I can get compensated for the damage they have created.

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