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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3471
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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We filed Bankruptcy last December and before filing I kept

Customer Question

We filed Bankruptcy last December and before filing I kept telling my Attorney about another debtor that needed to be added. She assured me that they would be added, so I didn't think twice about it. In the time leading up to our court date another issue arose w/our bank account being frozen, she would not return any of my phone calls. On the day our our court appointment, another attorney showed up saying she couldn't make it. I have since called her at least 15 times and she will not return my calls. I would like to report this attorney and I also need to know what to do about the debtor we owe? We assumed that every one of our debts would be dismissed, we should have sought after another attorney, but we already paid her half of the money owed up front and felt stuck. Please advise
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

It sounds like the lawyer was negligent in not including one of the creditors that you wanted discharged as part of the bankruptcy. This may be the reason the lawyer is avoiding you.

 

You can report the lawyer for failing to return your phone calls and other issues by contacting the Idaho State Bar and filing a grievance. See link below:

http://www.isb.idaho.gov/bar_counsel/bc_info_public.html

 

As far as getting the creditor included, the lawyer can have the case re-opened to add the creditor at his or her own time and expense or you can sue the lawyer for malpractice and seek an order that she pay that creditor off as a consequence of her negligence of not including the creditor.

 

If the lawyer had notified the creditors that a BK was filed, they should not have been able to freeze the bank account after BK filing date without first obtaining a lifting of the automatic stay from the BK court.

 

 

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Thank you for the opportunity to assist you.

 

Customer: replied 3 years ago.
I'm sorry, I must have clicked on Idaho instead of Illinois. Is this information the same (well except for the state bar information). Can you send me the Illinois State Bar link. Thank you!
Expert:  Maverick replied 3 years ago.

Same answer. Here's the link to IL State Bar:

 

http://www.iardc.org/index.html

 

 

Customer: replied 3 years ago.
is there a deadline to add something to an already filed account?
Expert:  Maverick replied 3 years ago.
Please clarify your question as I do not understand what you mean by an already filed account.
Customer: replied 3 years ago.
We already filed bankruptcy, your advise was to reopen the account and add the other debtor, right? Is there a deadline/time frame that you can reopen and add other debtors after filing?
Expert:  Maverick replied 3 years ago.

Bankruptcy Code Section 350(b) authorizes the bankruptcy court to reopen a case for various reasons including to "administer assets, to accord relief to the debtor, or for other cause." Fed. R. Bankr. P. 5010 states: "A case may be reopened on motion of the debtor or other party in interest pursuant to §350(b) of the Code."

 

http://vlex.com/vid/sec-closing-and-reopening-cases-19223357

 

No deadline to reopen appears to be listed in the statute.

Customer: replied 3 years ago.
Can Association Fees be included in your bankruptcy chargeoffs?
Expert:  Maverick replied 3 years ago.
Please click "Accept" so that I may obtain credit for the answers already given. I would be happy to assist at no additional charge with your follow up questions after that. Thank you.

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Maverick
Maverick
Bankruptcy Lawyer
3471 Satisfied Customers
Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer