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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default Lawyer's Mistakes in Filing Bankruptcy Resulting in the Loss of My Home

    My question involves malpractice by a lawyer in the state of:New York

    I retained an attorney to assist in filing a chapter 13 in order for me to keep my home. She mishandled the case, and failed to file the proper documentation with the courts, as a result I lost my home and all my possessions contained inside the home. Since she failed to file the required documents, the creditors contained in the bankruptcy are now demanding payment.

    I filed a complaint againt the attorney. As a result of my complaint, the attorney was issued a letter of Caution. I've since discovered that other clients have also lost their homes as a result of the attorney's malpractice, she was also sanctioned for using client funds for personal use.

    I want to sue the attorney for the loss of my home and all my belongings.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawyer's Mistakes in Filing Bankruptcy Resulting in the Loss of My Home

    What you will want to do is find a lawyer in your state who handles legal malpractice cases and have the case reviewed for possible litigation. That includes an evaluation of whether the standard of care was violated (which appears to be the easy part, with missed filing deadlines), whether the lawyer's mistakes were the proximate cause of your losses, the extent of damages you might recover, and whether the attorney is collectable (i.e., the lawyer has assets or insurance that could be reached to compensate you for any judgment or settlement). I'm not sure how long ago this occurred; don't forget that there is a statute of limitations that will apply to your case, limiting the amount of time you have to take action.

  3. #3
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Lawyer's Mistakes in Filing Bankruptcy Resulting in the Loss of My Home

    It has been 4 months since the Letter of Caution. I will look for an Attorney.
    Thank you.

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