Q: I filed Chapter 13 and the judge dismissed the case because my lawyer failed to reply on tim Can I file a motion myself?
My lawyer dropped the ball and failed to reply to the motion to dismiss. The judge dismissed the case without prejudice. My lawyer since then has been trying to refile a motion but failed to properly serve the parties and the motion was denied. My lawyer attempted to refile and served the parties but now judge vacated calendar date because my lawyer cannot refile on a denied motion. I'm confused, it's been an ongoing case for the past 18 months. What are my options?
A: I'm terribly sorry you have this situation. Looking at how your lawyer screwed up, I think you can tell how very difficult this stuff is. It is neigh impossible for a layperson to do this on their own. Please go a very experienced BK lawyer immediately, and be sure to take all the papers with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.