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  1. #1

    Default Bankruptcy Malpractice - We Could Have Avoided Bankruptcy Altogether

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

    Background - We were filing for chapter 7 due to our current mortgage situation and at the time of filing the lenders were not budging in helping us. We could not stay afloat and decided to file.

    We had a very unattentive attorney throughout... a few weeks after our assumed discharge we had discussions with our home eq lender (an odd occurrence that led to this) and they informed us that before our creditors meeting they tried to no avail contacting our attorney regarding an offer to help us stay in our home and thus not proceed AT ALL with chapter 7. Our attorney NEVER TOLD US THIS at any point. Even at our creditors meeting we explained we wanted to stay in the house but no one was working with us, they all wanted their money now. So we thought it was still good to proceed and be discharged and the lender assumed that is what we wanted.

    Now we have an offer to keep our home, and are considering it. But, its like we already surrendered the house so why not just move and be done..but this is not right! Since we want to stay, we end up filing chapter 7 for 15 - 20,000 worth of debt and 7-10 years of grief, regret, and a sense of disjustice!??! We have not been able to contact our lawyer still.

    Do I have any legal recourse against my attorney for this? Does anybody know if because of this misconduct I could have my BK "reversed" in some way?

    We dont know what to do at this point.

  2. #2
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    Default Re: Bankruptcy Malpractice - We Could Have Avoided Bankruptcy Altogether

    I'm not clear from your post what economic harm you suffered, if any. Perhaps you can elaborate.

    But at a minimum, it sounds like your lawyer violated his ethical duties to report to you any offers of settlement or compromise. You can consider filing a complaint.

  3. #3

    Default Re: Bankruptcy Malpractice - We Could Have Avoided Bankruptcy Altogether

    Well for one I would not have to look for another place to live and it is pretty hard where I currently reside. Luckily the whole process has taken awhile and we have had time. Yeah, this lets us start over but the main reason was because of our home - and with this offer it would not have been an issue anymore. We could have kept our home, built our credit back up and got our finance in gear with a different solution. Losing my home is a big deal - and one that may have been avoided. And my lawyer did not do anything in the end for us but file papers - there was no good communication and obvious oversights such as this.

    Thanks, we are continuing our talks and researching.

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