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  1. #1
    Join Date
    Jan 2006
    Location
    Kentucky
    Posts
    70

    Default Can I sue my lawyer?

    I signed and submitted Intent to Reaffirm forms in my ch 7 bk. However, my atty didn't file the forms to my auto lienholder, and my car was just repo'd yesterday. Now I understand why we didn't hear from them at all. The ch 7 was discharged on 3/1 and having not heard from me or my atty, they took the car. Can I sue my atty for the loss, or force him to redeem the car so I can get it back and work our a Retain & Pay agreement with the lienholder?

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

    Default Lawyer Error in Bankruptcy

    You may be able to sue your lawyer, although establishing damages may be problematic. You can attempt to redeem the car yourself, such that you maintain possession of the car and mitigate your damages.

    How much would your damages be? How much equity did you have in the car?

  3. #3
    Join Date
    Jan 2006
    Location
    Kentucky
    Posts
    70

    Default

    Sorry, I didn't see this reply and posted a new topic related to one. I put $5800 trade-in into this deal 3 yrs ago, plus I recently paid an insurance deductible for a repair job. Why would it be problematic to prove damages? Lienholder will not let me pay arrearage and retain. They now want the loan paid in full, $15k.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Your equity is the difference between what you owe on the car and its retail value. You indicate in your other thread not only that you had no equity, but were upside-down to the tune of $2,000.00. If you had no equity, it can be problematic to show that you suffered an economic loss as a result of losing the car.

    You indicate elsewhere that you failed to make timely payments on the car, which would provide your lawyer with a defense against any malpractice claim.

    Is it that your lawyer did not list the auto lender as a creditor in the petition for bankruptcy? That is, if you did not reaffirm the debt, why wasn't it discharged?

  5. #5
    Join Date
    Jan 2006
    Location
    Kentucky
    Posts
    70

    Default

    The loan was included in the filing and was discharged. Had he filed the paperwork in a timely manner I could have covered the arrears and moved on. Now I can't. The lender told me that had they received paperwork or at least a request to retain and pay prior to the discharge, they would have worked with me.

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