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  1. #1

    Default Chapter 7, Legal Malpractice

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

    I filed for bankruptcy in February of this year. At the meeting of the creditors, I stated I was reaffirming my home and my vehicle. My attorney presented me with the form from my financing company for my vehicle, stating they were agreeing to allow me to reaffirm. And I signed the court form requesting to reaffirm the vehicle.

    He stated at that time, my mortgage company for my home had not responded. So I contacted them, they stated they had not received anything from him about reaffirmation. I called the attorney, he said he would send another letter to them.

    In May, he called and said he had not heard back from my mortgage company about the reaffirmation, so he sent out another letter. I, again, called my mortgage company and they said they had not received anything from him. At the end of May, my discharge went through. My house was not reaffirmed, as the attorney said my mortgage company never responded. My vehicle, he stated was reaffirmed and he had submitted the form to the court at the beginning of May.

    So now here we are in July, I noticed that I had not received a statement from my vehicle financing company for the last 2 months. So I contact them, they tell me that my vehicle was not reaffirmed, that the court docket does not even reflect the submission of reaffirmation.

    So, Iím not receiving the credit benefits of either payment AND I paid the attorney to reaffirm both items. I contacted his office, to which I was told I would be contacted within 30 minutes, I have not heard a word from them and now their phones are going straight to answering machine and it indicates the mailbox is full. I was told by my mortgage company it is not a big deal, the vehicle financing company said it isnít a big deal either, I just canít be late or they will repossess my vehicle and I cannot enter into any payment agreements with them for the remainder of my loan (which is 4 years!). And that when I pay off the vehicle, it will say bankruptcy account paid in full. But that was not the point, the point was to rebuild my credit by making on time payments for both loans. Not to mention, I paid for both items to occur and was told that both things did happen. Well that the truck was reaffirmed but the house, my mortgage company was not responding, which at this time, I find that hard to believe because of the vehicle not being reaffirmed, as I told it was.

    Is this legal malpractice? Iím really upset about all of this situation, not only do I feel he ďliedĒ to me about filing documents that he did not file, I feel he ďstoleĒ from me by taking a payment for a service he did not provide.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Chapter 7, Legal Malpractice

    It may be malpractice (to determine that would necessitate a review of the court file and correspondence), but theoretical damage to your credit score is difficult to quantify in terms of monetary damages. You can consult a lawyer in your state who handles legal malpractice matters for an assessment of whether it would be worth litigating.

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