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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Question California Bankruptcy Malpractice

    My question involves bankruptcy in the state of: California

    I am a victim of a very nasty and insidious form of identity theft that went on for many, many years before I finally figured it out and began to take steps to eliminate the source of the problem, which I am still in the process of doing, and I believe that this inquiry may be tied to those issues.

    I hired a bankruptcy attorney in May of 2007, primarily to discharge the mortgage on a home I owned that I could no longer afford to pay. I learned in August of 2009 that the bank who held the mortgage apparently never received notification from my attorney that I intended to discharge the mortgage as part of the bankruptcy because I received notice from the bank that my mortgage account number was changing. I never received anything from the bank whatsoever after May of 2007 after hiring the bankruptcy attorney until I received the notice at the mailing address I had previously updated with the post office that the account was changing. Phone conversations I had with the bank's regional trustee and bankruptcy divisions in October and November of 2009 revealed that the bank had tried repeatedly to send me numerous documents concerning the forced foreclosure I wasn't supposed to have to go through in the first place, none of which I received. Several letters to the bank's mortgage, mortgage fraud, and CEO offices requesting copies of all of the documents they claim to have previously sent have yielded zero results.

    The attorney who handled the bankruptcy submitted a form to the court during my proceeding that stated I intended to keep the home I was living in at the time, which was not at all the case. There were other complications that arose because of the afore-mentioned issues of identity theft and fraud I have been investigating, but the bottom line is that the bank still has the house in my name and the attorney I hired cannot produce a list of debts that were discharged in that proceeding. It was a complicated mess and I was harassed in the hearing room on three separate occasions and required to produce medical records as part of the proceeding to show that I was under stress. The attorney recently wrote me a letter stating that the court does not produce any document that lists discharged debts, but another client of his with whom I am acquainted has exactly such a list. The Chapter 7 discharge document I received has nothing on it to indicate *what* is being discharged. If the court does not provide a list of discharged debts, what proof do I have that my case was discharged at all?

    The attorney also told me in his last letter that all of my debts that were dischargeable had been discharged. A follow up inquiry I sent to this attorney asking him if he was aware of any debts in my name that are not dischargeable, and requesting a complete list of all of the debts that were in fact discharged as well as answers to other questions went completely ignored. My credit is in a shambles because of what this attorney did (or didn't do, as the case may be) with regard to my mortgage and he is ignoring my requests for further information, as is the bank who held the mortgage. The California State Bar does not find that the attorney committed any form of "willful misconduct", and I disagree wholeheartedly.

    Are the information I am seeking and the documents this attorney failed to provide to me something I could force this attorney to provide to me if I hire a bankruptcy malpractice attorney?

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

    Default Re: California Bankruptcy Malpractice

    You have an order of discharge. Was yours a "zero assets" case? If so, then the effect of the order would be to discharge all of your dischargeable debts. I can't speak for the house; the attorney presumably is arguing that you told him you wanted to stay?

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: California Bankruptcy Malpractice

    No, the attorney wrote in a letter to me two months ago that the house had been discharged as part of the bankruptcy and he knew I did not intend to stay. The Bank says they were never notified. The attorney cannot produce any proof whatsoever that *any* of my debts were discharged, and this was not a "zero assets" case. The discharge order does not show any of my debts on it.

  4. #4
    Join Date
    Feb 2010
    Location
    Southern California, Closer to Santa Barbara than L.A.
    Posts
    3

    Lightbulb Re: California Bankruptcy Malpractice

    soulgirl,

    Your BK is is all in a file at the court clerks office, I would get a complete copy, and then go back to your attorney and get a copy of his file and compare the two.
    It might cost a few bucks at the court for the copies, but for piece of mind it might help.

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