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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My bankruptcy lawyer failed to change the date of a hearing

Customer Question

My bankruptcy lawyer failed to change the date of a hearing after I told him I could not make it. In doing this my car was repossessed this morning. THe judge signed the order on 9/30/08, this is the first I have heard of this. Also, I am on disability and I told lawyer that I could not make two of the chapter 13 payments, because I didn't have any money coming in. Now I have to go back and pay them but I'm facing a dismissal of the chapter 13 because no one has fixed this. I also lost a car in a previous bankruptcy with this attorney. I was specific I didn't want to lose this car. But I have, I'm disabled and will soon be in social security. I have been defrauded and don't know what to do. I filed the chapter 13, because of tax debt that is now down to less than 10,000, I was told I was get all my rebates etc for tax, but that was another lie. HELP!!! what can I do?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


You can consider taking two actions. One, report the attorney to the state bar association for his obvious disregard and neglect. Two, file a new plan to cure the default in your current plan.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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Customer: replied 8 years ago.
What would happen to all my creditors if I just junked the chaper 13 and went about paying people who filed claims again the bankruptcy. (This is not information I have, so I don't know what we are talking about in terms of people.

BotXXXXX XXXXXne there is no way, I'm going to get my car or any of my money back is there?
Cause if that's what we are talking there really is no point.
Expert:  Ellen replied 8 years ago.
Hello,

I cannot answer what would happen if you dismissed your Ch 13. One concern would be the tax treatment of the debt you filed to discharge. You can file suit against your attorney for his negligence/malpractice in order to possibly recover some money.

I hope that this information has helped you.

Please CLICK ACCEPT so I can receive credit

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE