Westerville, OH asked in Bankruptcy for Ohio

Q: If an attorney knowingly filed a ch 13 when you qualified for a ch 7 what would be considered acceptable punitive damage

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: That behavior probably doesn’t rise to the level of conduct necessary to award punitive damages.

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: In most jurisdictions, one needs to prove "actual damages" before "punitive damages" are considered.

A bankruptcy debtor has a right to convert his case from Ch. 13 to Ch. 7, if he meets the Ch. 7 eligibility criteria.

The Petition you signed states under which Chapter you are choosing to file. If the Petition says you choose Ch. 13, then your lawyer has done the correct thing.

There are forms of very helpful financial relief that are possible under Ch. 13 that are not available in a Ch. 7 case.

Communication is key. Talk with your lawyer!

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