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  1. #1
    Join Date
    Aug 2012
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    5

    Default Vehicle Not Reaffirmed Due to Lawyer's Mistake

    My question involves bankruptcy in the state of: Kansas

    I filed for Chapter 7 in 2009 and received a discharge in August of 2010. My bk attorney and I discussed reaffirming my house, car and department store credit card (NFM). I met with my attorney to sign the reaff's and proceeded to pay the house, car and NFM accounts over the next two years. I came across my credit report and started questioning why the house, car and NFM accounts were not reporting to the bureaus and started digging into why. First, my house was never reaffirmed. The company says that the lawyer never turned in the paperwork. I will be ok here though, because I have continued to pay and have plans to stay in my home. Now this is where it gets very upsetting:-(. I call my car company and they said that the reaff was not processed because the lawyer turned in the paperwork 2 months late. The new agreement that I had on my car was to have it paid off August 2012 (this month), but since the reaff didn't get approved they still show that I owe $13,200 on my vehicle. The department store accounts reaff was rejected through the courts (the lawyer never told me) so the payments that I have been paying them since I filed in 2009 are considered volunatary. This totals over $1,200 on an original $1,000 debt.

    Please tell me something can be done about this? The lawyere refuses to reply to my emails or phone calls. I do have plans to reach out to the the Kansas Bar Association to file a complaint. Is this about as far as I can go?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Bankruptcy Malpractice/Bankruptcy Issues

    Well did you sign the reaffirmations prior to your discharge? It's encumbent on you doing so.
    I'm not sure why you are reaffirming a non-secured debt like the department store.

  3. #3
    Join Date
    Aug 2012
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    5

    Default Re: Bankruptcy Malpractice/Bankruptcy Issues

    I did sign withing 30-45 days of filing.

    Looking back I wish I would of did a settlement at the time. My lawyer didn't advise otherwise so I chose to reaffirm vs not.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Vehicle Not Reaffirmed Due to Lawyer's Mistake

    Something is not right here. You state, “the new agreement that I had on my car was to have it paid off August 2012, but since the reaff didn't get approved they still show that I owe $13,200 on my vehicle”. Are you telling us that your lender agreed to reduce the balance on your car by $13,000.00 (or so) if you signed a reaffirmation agreement? If the answer is “yes” then I too would be pissed at the attny. If the answer is “no” then you must not be current on the car payments as, unless there was a reduction in the total debt, entering into a reaffirmation agreement would not change when your vehicle payments end since you would be simply reaffirming the already existing contract.

    The Court rightfully rejected your attempt to reaffirm an unsecured credit card. Shame on your atty for even allowing you to try. Reaffirming such a debt is just plain dumb and your Judge knew that. Your Judge was protecting you from making a dumb mistake. I do agree, however, that your lawyer should have let you know that the agreement was not approved and I assume that had you known you would not have continued to make payments on the credit card.

    Des.

  5. #5
    Join Date
    Aug 2012
    Posts
    5

    Default Re: Vehicle Not Reaffirmed Due to Lawyer's Mistake

    Yes, that is correct. The reaff terms that the car company and I agreed to were to make the car more affordable for me after the bankruptcy. So yes my car would be paid off but without the reaff turned in on time and filed with the court, the car company will not work with me now. I am 100% current on my car payments.

  6. #6
    Join Date
    Sep 2010
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    478

    Default Re: Vehicle Not Reaffirmed Due to Lawyer's Mistake

    Quote Quoting ibjoes
    View Post
    Yes, that is correct. The reaff terms that the car company and I agreed to were to make the car more affordable for me after the bankruptcy. So yes my car would be paid off but without the reaff turned in on time and filed with the court, the car company will not work with me now. I am 100% current on my car payments.
    Then, if this is really the fault of the attny you should 1) sit down with the attny and go over what he/she will do for you. Be calm and polite but make sure you document the conversation; 2) if the outcome of the conversation is not satisfactory find a good malpractice attny to discsuss whether or not you have a claim.

    Des.

  7. #7
    Join Date
    Aug 2012
    Posts
    5

    Default Re: Vehicle Not Reaffirmed Due to Lawyer's Mistake

    She will not respond. I've tried numerous times to contact the attorney and she is point blank ignoring me. I filed a complaint with the ABA and am seeking an attorney. It is hard to find an attorney for malpractice bankruptcy. They usually deal with legal or medical.

  8. #8
    Join Date
    Sep 2005
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    98,846

    Default Re: Vehicle Not Reaffirmed Due to Lawyer's Mistake

    If you want to complain about a lawyer, it's best to do that with the state in which they're licensed.

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