Phoenix, AZ asked in Bankruptcy for Arizona

Q: I filed a chapter 13 in 2006 at the time of filling our lawyer told us it would be in our best interest to file a 7

We told him to we new nothing about how they work but I told him I did not want to lose my home and would be making payments on time and faithfully. We Gave our lawyer all debt secured and unsecured. We set up a payment plan paid all our payments on time and received a discharge. For the past 2 years federal took our refund. We continued to call are lawyer to find out why. He took until this year to tell us we had to pay the penalty and interest. He said and did pay us $2700 towards the remaining balance due. I wondered why he was forking out the $. Now I know. We are in the process of doing a refi and I just found out i have a 25 k lien on my home. We called him and he said the lien was a sucured loan. We asked him why would we do a bankruptcy just to come out in debt years later. He said he was sorry and we will give us 5 k to satisfy us which he said would be his deductible for his insurance or go after him for malpractice. I said 5 k wont satisfy our lien.

Related Topics:
1 Lawyer Answer

A: Was the debt for the 25k lien on your home given to the lawyer when you gave him the rest of the secured and unsecured debts? If so, he’s on the hook for resolving the 25k lien or having his malpractice carrier resolve it for him.

1 user found this answer helpful

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.