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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I filed chapter 7 bankruptcy and went to court twice. Filed

Resolved Question:

I filed chapter 7 bankruptcy and went to court twice. Filed 2 reaffirmation aggrements to keep a vehicle and trailer. On the second court apparence I was told by the judge all was good and I was done. This was done in April. Haven't heard from my attorney since. Today my car was repoed. All payments have been made and on time. I'm being told the paperwork was not filled correctly by my attorney. Having issues with her now. Told her she made the mistake and she needs ti fix it. What can I do or am I screwed?

Thank you,
Liz Bell
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

it seems your attorney did not file the reaffirmation agreement,

WALLSTREETESQ :

in that case, you can still contact the lender and see if they will allow you to keep the car and agree to let you reaffirm it,

WALLSTREETESQ :

if they do not it would be difficult for you to get the car back, unless you file a motion in bankruptcy court,

WALLSTREETESQ :

forcing the lender to return the car and accept the reaffirmation agreement.

WALLSTREETESQ :

In terms of legal action, you may have a malpractice claim against your attorney, and she could be made liable for the fees you had to spend for the new car,

WALLSTREETESQ :

that would entail a lawsuit against the attorney

Customer:

SHE DID THE AGGREMENT BUT IT WASN'T DONE CORRECTLY. I CAN DO THIS DIRECTLY W ITH FORD TO FIX THIS AND OR GO TO COURT WITHOUT HER? I TOLD HER TO PAY ME WHAT I'VE SPENT ON THE CAR AND GO FROM THERE BUT I STILL HAVE NO CAR AND MAKES MY CREDIT EVEN WORSE. I THOUGHT ABOUT FILING ON HER TOO

WALLSTREETESQ :

yes, you can have the lender agree to a new agreement,

Customer:

I WILL CALL TOMORROW BECAUSE SHE'S MAKING THIS EVEN WORSE THAN IT ALREADY IS.

WALLSTREETESQ :

that would be best,

Customer:

IF THEY DON'T WHAT DO YOU RECOMMEND

Customer:

HOW DO I GO TO COURT WITHOUT MY ATTORNEY

WALLSTREETESQ :

you can hire an attorney to file a motion to allow you to file,

Customer:

SO ANOTHER ATTORNEY. SORRY! YIKES

WALLSTREETESQ :

you can try to do it yourself,

Customer:

THIS IS THE SECOND ONE BECAUSE THE FIRST DIDN'T TAKE CARE OF ISSUES OR RETURN CALLS OR GET ME PAPERWORK THAT I NEEDED

Customer:

HOW DO I DO IT MYSELF

WALLSTREETESQ :

you should go to the court clerk, and see if they will help you,

WALLSTREETESQ :

if the case is closed, you would file a motion to reopen,

WALLSTREETESQ :

so you can file the reaffirmation agreement,

Customer:

OK CAN I CALL THERE TOO. IT'S AN HOUR AWAY FROM WHERE I LIVE.

WALLSTREETESQ :

yes,

Customer:

DOING THAT TOMORROW TOO! DO YOU THINK I WILL GET MY CAR BACK? OR AM I SCREWED AT THIS POINT. ANOTHER WORDS IS IT TOO LATE

WALLSTREETESQ :

it may be possible if the repossession was recent,

WALLSTREETESQ :

or if the lender agrees

Customer:

IT WAS TODAY

WALLSTREETESQ :

then call the lender, and try to file the agreement,

WALLSTREETESQ :

they may agree to let you do this,

WALLSTREETESQ :

and send you the agreement,

Customer:

I HOPE THIS WORKS!! THANK YOU!! YOU WHERE MORE HELP THAN MY ATTORNEY. THANKS AGAIN

WALLSTREETESQ :

good luck,

WALLSTREETESQ :

and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback, thank you

Customer:

I WON'T. WILL I GET YOU BACK OR DO I GET WHOEVER IS WORKING? AN I REQUEST YOU SINCE I STARTED WITH YOU?

WALLSTREETESQ :

yes, you can ask for wallstreetesq.,

WALLSTREETESQ :

I would be able to answer your questions,

Customer:

THANKS!!

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.


Did what you suggested last night and seems like I'm not getting anywhere. Made alot of phone calls and called other attorneys too. called malpractice and other bankruptcey attorneys. Waiting for replys. Called the bar also and got paperwork for consumer affairs. Any more ideas? you've been more help than she has. It's crappy that she's been paid to do a job and didn't do it.

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WALLSTREETESQ
WALLSTREETESQ
Attorney
2748 Satisfied Customers
14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS