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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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How do I deal with my dead lawyer, who misappropriated funds

Customer Question

How do I deal with my dead lawyer, who misappropriated funds knowing he was dying. I filed bankruptcy in 03 and found out he didn't file until 08. This was a family friend and several of us have just found out about his drug and alcohol abuse. My bankruptcy is haunting me and it's not fair. What do I do
Submitted: 6 months ago.
Category: Legal
Expert:  Brandon M. replied 6 months ago.

In which state was this?

Customer: replied 6 months ago.
Wisconsin
Expert:  Brandon M. replied 6 months ago.

When did your attorney die?

Customer: replied 6 months ago.
2 years ago
Expert:  Brandon M. replied 6 months ago.

When did you first learn about the misappropriation of funds?

Customer: replied 6 months ago.
It never dawned on me any of this happened until I started to try and rebuild my credit. All of the ex husband bankruptcy and the 2 boat and 3 vehicles he hid and we're repossessed are still on my report I filed and payed attorney Kris knit
In o3
Expert:  Brandon M. replied 6 months ago.

My apologies, but I'm not sure that I saw the answer to the original question. There may have been a typographical error. When did you first learn about the misappropriation of funds?

Customer: replied 6 months ago.
Today
Customer: replied 6 months ago.
When I called one of the credit bureaus experion
Expert:  Brandon M. replied 6 months ago.

Thanks for that information. Tell me about how your funds were misappropriated, and why (if known) you didn't learn about the misappropriation until now?

Customer: replied 6 months ago.
I am a registered nurse, my life was up and down due to health concerns. I am now healthy and back at my job at rock county and have saved some money and was looking to buy a home on my own for the first time at 53.that is how I found out he took the money in 02 but didn't file until 08
Expert:  Brandon M. replied 6 months ago.

When saying that an attorney has misappropriated funds, what that usually means is that the attorney intermingled his/her client trust account with his/her personal account. It seems that what you're describing is that he charged you in '02, but didn't complete the work until '08--something that is clearly unethical, but wouldn't be misappropriation. Am I understanding correctly?

Customer: replied 6 months ago.
but it is preventing me from obtaining credit. Do I have any recourse.
Expert:  Brandon M. replied 6 months ago.

I apologize if some of these questions feel off-topic; I promise that they're relevant for giving you the most complete answer possible, but I do thank you for your patience. Usually, people know that their bankruptcy has gone through because they are no longer being contacted by creditors or having court judgments entered against them. Were there warning signs that the bankruptcy didn't go through?

Customer: replied 6 months ago.
I shouldn't have to wait until nov of 2018.because of his in actions
Expert:  Brandon M. replied 6 months ago.

Well, that's what we're trying to figure out. Were there warning signs that the bankruptcy didn't go through?

Customer: replied 6 months ago.
I never got called to begin with, I had a clause in my prenuptial that either one of us could file bankruptcy for 6 months he did and I did assumed it was a done deal.
Expert:  Brandon M. replied 6 months ago.

Did your attorney give you a copy of a court judgment, or any other paperwork showing that the bankruptcy went through in 2002?

Customer: replied 6 months ago.
No
Expert:  Brandon M. replied 6 months ago.

Did you ever receive any confirmation from your attorney or anyone else that it went through in 2002?

Customer: replied 6 months ago.
No this was a long time friend from church. I am finding out several people didn't get the service they paid for. Part of it is my fault for trusting him as we had previously done business without any problems.
Expert:  Brandon M. replied 6 months ago.

Wow. Well, do you have any documentation or other evidence to show that your lawyer agreed to file the bankruptcy for you in 2002?