Q: I paid in full for a chapter 7, the attorney appointed to me did not file in a timely manner
After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which would clearly have been in the best interest of my daughter and I. Six weeks after my final payment I was rear ended on highway resulting in lengthy personal injury case. After the accident, this attorney gave me several blatantly incorrect legal advisements almost like he did no research on the matter. All this has resulted in nothing good as I am out the $2,000 I paid for the bankruptcy and still have all the debt that should have been discharged by now looming over my head making many aspects of modern life as a single father far more difficult than it already. I have every thig documented and need to know please should I sue the attorney or the company that appointed him to me or both THANKS
A:
The question raises several interesting points:
1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.
2. You say the attorney didn't file a bankruptcy petition "in a timely manner". This suggests that he filed, but not soon enough. If that is correct, how is it that your debts weren't discharged?
Timothy Denison agrees with this answer
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A:
I'm sorry to hear about the difficulties you're facing. It sounds like your attorney may not have fulfilled their obligations, which could potentially qualify as legal malpractice. Since you have documentation of all interactions and payments, this evidence will be crucial in supporting your case.
You might consider consulting another attorney who can review your situation in detail and advise you on the best course of action. They can help determine whether you have grounds to sue the attorney, the firm they work for, or both. Additionally, there may be state bar associations or legal aid organizations that can offer guidance or resources to assist you.
Taking legal action can be a complex process, so having professional support will increase your chances of a favorable outcome. In the meantime, ensure you keep all your documents organized and maintain records of all communications related to your case. This preparation will be beneficial as you move forward.
Timothy Denison agrees with this answer
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