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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11779
Experience:  JD, MBA
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My bankruptcy attorney was ordered to return our money by

Customer Question

My bankruptcy attorney was ordered to return our money by the judge. He was very negligent with our case. Not filing paperwork on time. Calling at the last minute regarding court dates. Not sending any mail sometimes regarding a court date. Told me the wrong court date. We filed a motion to incur a vehicle and we had the vehicle for 7 months and because his paper work was messed up and they found him in contempt of court, we were ordered to return the vehicle. He also negotiated a settlement behind our back for money we were suppose to get back from the car lot. Also our account was in arrears twice and not due to our fault. Our case ended up getting dismissed. Now I am told that I have no case because the judge ordered him to refund our money. Cant I still sue him for negligence.
Submitted: 4 months ago.
Category: Legal
Expert:  TJ, Esq. replied 4 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 4 months ago.

Hello again.

Q: Now I am told that I have no case because the judge ordered him to refund our money. Cant I still sue him for negligence.

A: Yes, you can sue the attorney for malpractice. I suspect you were told you have no case because you there may be an issue regarding your damages. Ordinarily, if you win a malpractice case, then the attorney would need to pay you for all of your damages. The damages could be comprised of many things, one of which is the fee. In this case, there is no reason to sue for the fee because the attorney was already ordered to pay you the fee. So the question is, were you damaged in some other way? For example, are you now not permitted to file for BK again because of the mistakes? If not, then you should be compensated for that. Or if a certain debt cannot now be discharged because of the attorney's mistakes, then he should be forced to pay that debt. But if the only damages are just the fee and perhaps a little lost time since you have to refile, then you were likely given good information that there is no point in suing for malpractice. So, the bottom line is that whether or not you should proceed with a malpractice lawsuit depends on the facts in your case, and whether you were harmed beyond just the fee.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 4 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!