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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have filed for Ch 13 bankruptcy through a lawyer. When

Resolved Question:

I have filed for Ch 13 bankruptcy through a lawyer.   When he filed the paperwork, he included accounts that had been paid off years earlier. When I asked about it, he said that he 'wanted' the bogus creditors to file so that when I 'rejected' the claim, his firm would collect $1000 for each false claim. I tried to get him to re-do the Schedule F, but he said that if he tried to do that, the courts could reject my claim for bankruptcy (I get it now, he was lying to scare me into not changing). So I didn't change the Schedule F, and none of the claims that were paid, made a claim to the court - so that's fine. However, now I"m going to be paying ($1020 for 60 months) over $6500 more than I owe! When I asked the trustee, she said that any monies not paid out would be returned to me after I've completed the 60 mos & the first payment was made to my lawyer. He said that he would be avail for ques through the 60 mos. to date he does not return any calls. Is that right? Seems unfair
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

It appears that you were encouraged to file a false petition. You will want to retain a new lawyer to file a modified petition and plan. Your new lawyer can file a motion for the prior lawyer to disgorge all fees that you paid. You can also consider notifying the bar disciplinary division about the lawyers actions.
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