Is my friends bankruptcy lawyer negligent?
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Is my friends bankruptcy lawyer negligent?
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She hired this lawyer for her Chapter 7 bankruptcy. He had asked and was given all the information on a previous Chapter 13 bankruptcy that she filed after her divorce. She went to the meeting of the creditors in front of the Trustee. The Trustee asked if she had ever filed any other bankruptcies, and she replied "yes". The Chapter 13 was filed on March 12, 2001, and was discharged in May of 2004. The trustee then informed her that you have to wait 8 years before you are eligible to file bankruptcy again. Her lawyer commented that he thought it was only 6 years. The trustee disagreed and said that she would have to "get back to her/her lawyer". After they left, her lawyer then asked another lawyer about that same thing. That lawyer confirmed it was 8 years. He coincidentally filed her bankruptcy on March 11, 2009. one day before it would have been 8 years. Now he is stating that "worse case scenerio, she would have to repay the filing fee...and he only said "not to worry right now" about paying him again. Is he negligent? Can she get her money back from him, if they do not end up discharging the bankruptcy? Also, would she be able to refile immediatley?
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Pat E
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Make sure you get advice from a trusted expert in the bankruptcy field. You don't want to make a mistake that can harm your credit for a long time. Try visting a bankruptcy lawyer to make sure you understand the options. http://www.bankruptcylawyersite.com |
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quizzard123
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It's 8 yrs. The law changed in 2005 I believe.
I don't know if she can claim his fees back due to incompetence, but she should file a complaint with the bar association.
If a specific filing is considered invalid due to the time elapsed, she can just refile after the period.
But seriously, the reason for the time limit is to prevent people from milking the system. That's what your friend is doing, and she should never again be allowed to access credit. She obviously doesn't know how to use it properly, nor does she have the moral fiber to meet her obligations. |
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Adult 
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