I started paying a lawyer a year ago to file Chapter 7.Our income test qualified then. His legal secretary messed up work and never filed, got fired.Still havent filed. Now i make more money and may not qualify. Not my fault. I deserve the Chapter 7 and should not be denied under the circumstances. All debts qualify as medical debt, personal debt and unsecured debt except for 1 mortgage, and I own one car paid for under $6500. Some of my expenses have gone up and could be adjusted.What are my options to continuing in Chapter 7.
Country relating to Question: United States
State (if USA): Louisiana
Started paying in advance in December 2010. Paid in full in March 2012. Still haven't filed, still getting calls from Hospitals.
Hello and thank you for allowing me the opportunity to assist you.I'm sorry to say that if you do not qualify for a Chapter 7 because of your income, then your case would be dismissed if you were to file a Chapter 7. The fact that your attorney and his staff made a mistake would not be cause for the court to allow the Chapter 7. In fact, the court would have no authority to do that.However, you may have recourse. In situations where a client's legal rights have been diminished because of a mistake by his attorney, the client can seek recourse against the attorney in the form of a malpractice action. So, you may want to consult with a different local attorney about the possibility of suing your bankruptcy attorney for malpractice. As an aside, the excuse that the secretary made a mistake is just that ... an excuse. If the attorney told his secretary to file the bankruptcy, and it wasn't filed, then the attorney should have known within days because he should have been checking on PACER for your case, checking for dates of the 341 Meeting of Creditors, checking to see which proofs of claims were filed, etc. The attorney dropped the ball and is responsible.If you would like any additional information or need clarification, please do not hesitate to ask! Also, I strive to be as helpful as possible so that you are satisfied and will give me positive feedback. Accordingly, please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "I expected more" or "Helped a little" (which are considered negative ratings on this website), please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.Thank you.
Would I be due a full refund?
Hi again.Yes, you would be owed a full refund if the case were never filed. In fact, I don't think he was allowed to take your funds from escrow if the case wasn't even filed. He should still have your funds in escrow. If you opt to sue, you can include that as part of your damages. But you can also ask for a full refund even prior to considering any lawsuit. Under the circumstances, I'd be surprised if the lawyer refused your request since he must be considering the fact that he made a mistake and that you could file a malpractice lawsuit. I'd think he'd bend over backwards to appease you.I hope that helps. Please remember to give me positive feedback. Thank you and good luck!
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