Cabool, MO asked in Bankruptcy, Contracts and Civil Litigation for Missouri

Q: In 2019 I hired and paid a bankruptcy attorney to file chapter 7. Recently learned it was never filed.

A collector tried to have me served for civil court but had an old address in the wrong county. That case has been canceled but they now have my correct address. When I originally hired the attorney there was no equity in my home. Since then the market has changed and there's to much equity for me to keep my home if I file. Do I have any legal recourse for services not rendered. Had this been done in 2019 there would be no issue. The attorney closed the office in my town and did not follow through with the cases acquired through that office.

2 Lawyer Answers
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Consumer Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: You should confer with an attorney about pursuing a lawsuit against the bankruptcy attorney. If what you state is accurate, and I have no reason to doubt it, his failure to file the bankruptcy case caused you damage. Plus, he took your money.

Unfortunately, his failure to file is not a defense to the pending suit against you.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. You should contact the lawyer in writing whom you hired and demand a refund. If no response, you may have to file a bar complaint with the bar association.

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