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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26960
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Our bankruptcy attorney failed to notify our mortgage lenders

Resolved Question:

Our bankruptcy attorney failed to notify our mortgage lenders that our bankruptcy was case was completed and they were not included. Now our credit report shows that the mortgages were charged off, but we have since paid one off and continue to make payments on the other. Our lawyer said it was the banks responsibility to ask for an update and said there is nothing we can do. What can we do to get this remedied and is our lawyer at fault for negligence?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

If you wanted to keep paying the mortgages, the normal procedure would be to identify the liens/debt in your bankruptcy schedules and then re-affirm the debt through your bankruptcy - - which means that you would execute an agreement to keep the debt and make the bankruptcy have no affect on it.

If the debt was completely left out of the bankruptcy, that's not normal procedure, and it may be that your attorney didn't do as he should have.

It is possible to re-open the bankruptcy by motion and then include the debt since it was a debt that existed at the time you initially filed. Once the case is re-opened, you could enter into a reaffirmation agreement and get credit for the payments you're making and show your loans in good status.

This can be done, but it will take some work and your attorney may be unwilling to handle this. If so, you may want to speak to a new attorney about doing this, and you may also want to consider filing a negligence claim against your attorney as well.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX look for a new bankruptcy attorney to re-open the case. How would we go about filing a claim of negligence against the original attorney that mishandled our case?

Expert:  Roger replied 1 year ago.
Usually, the first step is to file a complaint with the state bar association and allow them to review the facts to see if there was any negligence, and if so, the state bar can assess penalties to the attorney. IF there is a finding of negligence, then you could proceed to filing suit against the lawyer for legal malpractice.Here's a link that tells you how to file a complaint: http://www.okbar.org/members/gencounsel/complain.pdf
Expert:  Roger replied 1 year ago.
Here's a link that tells you how to file a complaint: http://www.okbar.org/members/gencounsel/complain.pdf
Customer: replied 1 year ago.

Thank you. The attorney that stated in a recent email that it was the creditors responsibility to respond to the letter of intent. He said they did not respond so he did not re-affirm. This doesn't make sense to me as I would assume there has to be some logical process and due diligence on the attorney's part to ensure the bankruptcy was filed in the way we wanted and we paid him for. I fail to understand why he assumed that since there was no response from the 2 creditors that no further action was needed. Ultimately, we are just wanting to understand what the normal process is and who (the attorney or the creditors) were at fault for not taking the proper actions or correspondence so we can get this resolved. Both of them are telling us that it was the other party's fault.

Expert:  Roger replied 1 year ago.
It isn't the creditor's responsibility to push for or process a reaffirmation of a debt. Thus, the lender isn't at fault here.

The lender would have to approve the reaffirmation, but it can't even do that if a reaffirmation agreement is never tendered to it.
Customer: replied 1 year ago.

That is what we suspected. Thank you for confirming that and all of your help. At least we have some direction now. We appreciate your feedback!!

Expert:  Roger replied 1 year ago.
No problem - glad to help.

Please let me know if you need anything further.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26960
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 2 other Bankruptcy Law Specialists are ready to help you

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Roger
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