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
Answered
  • 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
Answered
  • 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.

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.