Baltimore, MD asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland

Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec 2020. Stopped paying bankruptcy directly because payments were to start being taken by court order from spouse employer. Notified my attorney in March 21 that payments have still not started. My attorney finally wrote a letter to trustee in June. Received a copy of a letter from Trustees to spouse's employer on August 17th 2021 asking them about the court order sent in January of 2021 to please start collecting payment. As of today - still no payment pulled from spouse pay and I'm told its my responsibility to make sure the plan is paid. Now payment to trustee is about 4800 owed

2 Lawyer Answers
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and give you options for filing an ethics complaint, or hiring a malpractice attorney (but your damages may or may not justify it, and there appears time for you to mitigate the effects by catching up on your plan payments). In the end, you are on a Chapter 13 payment plan, but the payments are not being made. You need to make the payments, or the Trustee will file to have the Chapter 13 either dismissed or converted to a Chapter 7. Standing in front of the judge and complaining that your spouse's wage garnishment is taking too long and you chose not to make up the shortfall in the meantime is not going to get you any sympathy. You still owe the money. It's your bankruptcy.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Agreed. Get a second opinion On the handling of the case.

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.