Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.
Did your Bankruptcy attorney know the date that you filed your Chapter 7?
That is, did your attorney know the correct date before your Chapter 13 was filed?
Or did you possibly provide the wrong date to the attorney?
Yes she did I gave her all the information when I first filed which would include my discharge papers from the chp. 7, we I first met with her I explained to her that I had a chp. 7 discharged and specifically asked could I file a chp. 13 and she told me yes.
No I didn't provide the wrong date I gave her the paperwork from the chp.7.
She basically admitted to me that she filed to early but this was only after my chp. 13 was almost complete.
The length of time one has to wait before filing a Chapter 13 is basic Bankruptcy Law - something that all Bankruptcy attorneys are expected to know.
I was thinking the same thing
Because your attorney did not inform you that your Chapter 13 would not be discharged, because you did not wait long enough to file, you do have the necessary grounds to file a malpractice lawsuit against her.
You would be entitled to ask for any monetary damage that resulted in her negligence for not informing you beforehand that your Chapter 13 would not be discharged.
Typo: The last sentence should read, "...that resulted from any negligence for not informing you beforehand..."
So how would I go about filing a malpractice suit against her?
You will need to hire a "Legal Malpractice" attorney. Your best bet would be to hire one who will work on a contingency basis - so that you will not have to pay anything upfront. The malpractice attorney would take a percentage of your award.
What state are you in?
You can call the North Carolina Bar Association to ask for a recommendation for a "Legal Malpractice" attorney. The number is: