My question involves malpractice by a lawyer in the state of: Oklahoma
At the time I filed for bankruptcy, I owed (because of ex-husband's multi-year failure to pay his business taxes) over $118,000 in back-taxes. My bankruptcy attorney did not advise me of any options with respect to the TIMING of my filing. At the final discharge, the trustee made the remark that I should now experience some relief from certain of the oldest tax debts.
Later, I learned that the trustee was correct. But I was furious when I learned that, had my attorney advised me to wait 54 days longer before filing, I would have had an additional $37,000 fall off the tax total.
When I brought this to the attention of a tax attorney, he said I should sue the bankruptcy attorney for malpractice. He said the bankruptcy attorney's failure to tell me of the options/consequences of the TIMING of my filing was an "actionable" offense and should be pursued in a malpractice suit. He said no competent bankruptcy attorney acting in a proper fiduciary capacity would have made such an expensive mistake.
What do you think?