How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31525
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

MY BANKRUPTCY ATTORNEY TOLD ME NOT WORRY ABOUT MY STRUCTURED

Resolved Question:

MY BANKRUPTCY ATTORNEY TOLD ME NOT WORRY ABOUT MY STRUCTURED SETTLEMENT WHICH PAYS FOR MY HEALTH INSURANCE WHICH IS , APPROXIMATELY, $1400 A MONTH.
I ,SPECIFICALLY, AKSED MY ATTORNEY IS MY STRUCTURED SETTLEMENT SAFE. HE SAID BECAUSE I DON'T OWN IT AND CAN'T CASH IT IN FOR ONE LARGE SUM I DON'T HAVE TO WORRY. HE ALSO SAID ' IF THIS STARTS TO GO SOUTH, WE'LL DISMISS THE BANKRUPTCY.' I FIGURED I WAS SAFE HOWEVER A CREDITOR OBJECTED TO THE STRUCTURED SETTLEMENT MOTION EXEMPTION AND WROTE AN EXTENSIVE BRIEF. THE JUDGE RULED IN THE CREDITOR'S FAVOR. I AM ON DISABILITY AND NEED THAT STRUCTURED SETTLEMENT TO PAY FOR MY INSURANCE PREMIUM. I WOULD HAVE NEVER PUT MY STRUCTURED SETTLEMENT IN THE "line of fire" IF MY ATTORNEY HAD COUNCELED ME EFFECTIVELY, WHAT DO I DO?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

Any time you file bankruptcy, there is no guarantee that you can dismiss the case because creditors have a right to object to a dismissal because doing so effects their interest.

You are going to have to get a plan that the creditors and trustee is agreeable with in order to have this approved where you can access your money to pay your expenses.
Customer: replied 5 years ago.
DID YOU GET MY LAST REPLY?
Expert:  Roger replied 5 years ago.
No, I didn't. Please re-type it here.
Customer: replied 5 years ago.
WHAT I WROTE IS IF THE ATTORNEY DID NOT WARN ME ABOUT MY EXPOSURE TO LOSING MY STRUCTURED SETTLEMENT BUT SAID AND I QUOTE--I WAS A CALIFORNIA COURT REPORTER ANS REMEMBER WORDS AND PHRASES WELL--"if this thing looks like its going south, we'll dismiss the bankrputcy." that is why I went ahead. do I have a cause of action against my attorney for , in fact, telling me "NOT TO WORRY ABOUT THIS SETTLEMENT. YOU DON'T OWN IT AND YOU CAN CASH IT IN LIKE OTHER SETTLEMENTS"? THE REAL CRUX OF THIS MATTER IS WHY WOULD A 59-YEAR OLD WOMAN PUT HER HEALTH INSURANCE ON THE LINE UNLESS SHE WAS TOLD IT WILL BE "SAFE" BY HER ATTORNEY AND LOOSE HER ABILITY TO PAY FOR IT BECAUSE I AM ALREADY DISABLED FROM A VERY SERIOUS AUTOMOBILE ACCIDENT AND NEED THE MONTHLY KNEE INJECTIONS TO WALK. I AM NOT ON SDI NOR MEDICARE JUST MY DISABILITY POLICY FROM COURT REPORTING WHICH HAS NO COST OF LIVING PROVISION.
Expert:  Roger replied 5 years ago.
If the attorney misled you or advised you incorrectly, you may have a claim for legal malpractice. I would recommend that you contact a local legal malpractice attorney and discuss filing a complaint.

At this point, tour options are limited, but that's probably the best approach.
Roger and other Bankruptcy Law Specialists are ready to help you