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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32324
Experience:  Began practicing law in 1992
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My attorney advised me to file chapter 7 bankruptcy to get

This answer was rated:

My attorney advised me to file chapter 7 bankruptcy to get rid of approximately $80k in Taxes. I had no other debt to justify filing chapter 7. I could have file chapter 13 and been done with payments after 5 years. come to find out taxes cant be discharged and now IRS has lien on my wages. Do I have any legal recourse against attorney who gave me bad advise?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Did this attorney represent you in the bankruptcy?

Customer:

yes

JD 1992 :

You could file a complaint against him with the State Bar and/or pursue a legal malpractice claim. The issue here would be damages. You could likely sue for the fees back and any additional fees, penalties, or interest you had to pay on the taxes as a result of his actions.

Customer:

I had no debt besides back taxes to justify me filing Chapter 7. I ended up having to surrender my truck and basically declared a total of less than $8K of debt for nothing. Attorney got paid just about almost what I ended up having discharged in bankruptcy. Makes no sense. Now I still owe IRS and if I would have stuck with chapter 13 I would have been done in 5 years and they would have ended up with less than 40K. I am going to be out at least 40-50K because of the bad advise.I need help finding a real attorney who can help me pursue legal action.

JD 1992 :

This is going to be a legal malpractice case. You can find an attorney that does that type of work in you area at www.lawyers.com. It appears to be a pretty clear case.

Customer:

Thank you, XXXXX XXXXX someone would take this on a contingency or will I have to put up retention? IRS has all my money now!!!

JD 1992 :

Yes, it is so clear I think you can find someone to take it on a %.

Customer:

Thanks for your help, have a good night

JD 1992 :

You're very welcome and the same to you.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

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