Three Rivers, MI asked in Bankruptcy for Michigan

Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now that I’ll be making money again.

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3 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Bankruptcy Lawyer
  • Dexter, MI
  • Licensed in Michigan

A: It seems like you are looking for validation of a theory that the attorney you hired to file a bankruptcy petition for you is responsible for problems that also involve the high cost of daycare. If your attorney committed legal malpractice, seek advice promptly because you must bring suit within two years.

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

A: A new provision of the Bankruptcy Code, in effect this year, states that where a debtor has been "directly or indirectly" adversely affected by the pandemic, a bankruptcy court should excuse missed mandatory payments. See 11 USC Section 1328(i). Talk to your bankruptcy lawyer about how to deal with your financial situation and enable you to stay in bankruptcy and complete your case.

Brent T. Geers
Brent T. Geers
Answered
  • Bankruptcy Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: As someone else mentioned, seek legal advise about getting your plan back on track to complete the bankruptcy process. At some point in the process, you had to affirm that you understood what you were doing. It's a little late, and likely will do you no good, to try arguing that you were "pressured" into it by your attorney.

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