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Thelawman2
Thelawman2, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1055
Experience:  Attorney-at-Law
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My attorney filed the paperwork wrong, omitted some income

Customer Question

My attorney filed the paperwork wrong, omitted some income and I didn't catch it. During During interview with Trustee I was asked questions regarding that income which I truthfully answered, and this income was also listed on all tax forms I submitted. I didn't find out until after the interview that this was mistake was made, and now I have a court date because of alleged attempt to fraud. I find the whole situation ridiculous, but attorney is saying it's my fault and criminal charges could follow.
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: IL
JA: Have you talked to a lawyer yet?
Customer: Yes
JA: What advice did they give you?
Customer: to waive the discharge. It seems to me they are trying to protect themselves vs help fix their mistakes.
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 3 months ago.
Category: Bankruptcy Law
Expert:  Thelawman2 replied 3 months ago.

I would suggest, first finding a separate attorney rather than the one you are currently working with.

But in order to demonstrate that it was your lawyer's fault and not yours, you should show correspondence that you had with your attorney that showed you tried to tell your attorney the accurate information but the attorney was the one who ended up making the mistake.

Then you should think about filing a malpractice claim against the old attorney.