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, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I hired an attorney 2 1/2 years ago for a chap 7 bkcy. Nothing

This answer was rated:

I hired an attorney 2 1/2 years ago for a chap 7 bkcy. Nothing has been done, until now. I finished the credit counseling class this year , but i just found out that I have to take the class again because the attorney or his co-workers, failed to file within the required time frame, is there something wrong here? and if there is what can be done. Thank you

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires a person to get credit counseling from a government-approved organization
within 180 days before filing.

If you completed the course properly and were set to get your bankruptcy filed, then there may be an issue with what happened. Certainly, you could claim the expense of having to re-take the course (which usually run around $50). Also, if the delay has caused you any damage, etc. then you could sue the attorney for that as well.

Whether or not it is worth pursuing the attorney for not filing on time would depend on what effect - if any - the delay has had on you or what damages have resulted from such a delay.

Roger and other Bankruptcy Law Specialists are ready to help you
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for my time. Thanks.