Q: Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?
We paid him $1200.00 up front. I have the contract and the emails where we sent all documents requested by him. We were soppose to keep you ur home and make monthly payments to creditors.Please help.
A: You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.
A: You should consult a competent attorney regarding the former lawyers failure to file. You should do this as soon as possible because there are statutes of limitation on bringing actions.
A: I am sorry this happened to you. You should ask the lawyer for a refund. Depending on your agreement, he could have filed and collected the rest of the fee through your Chapter 13. If this does not work, you might consider contacting the State Bar. Whether you are entitled to a full refund will depend on whether your fee agreement allows him to keep fees for work he or she actually performed already.
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