Hot Springs National Park, AR asked in Bankruptcy for Arkansas

Q: Can my attorney be held liable if he wrongly advised me to file bankruptcy?

After a divorce I ended up with half of the debt that I couldn’t pay for with my regular income so I asked an attorney if I should file bankruptcy, or not file and just use an annuity to pay off the debt. He advised me to keep the annuity and file bankruptcy. The judge ended up using my annuity to pay the debt and then I still had the bankruptcy on my record. My attorney literally said that he didn’t know that the judge could do that. So I could have just used my annuity to pay the debt and not have the bankruptcy on my record if the attorney knew the law but he didn’t. Can he be held liable for this?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Most likely not. Did you hire him for the bankruptcy or was this solicited advice given freely?

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