QUESTION

Can I sue my chapter 13 attorney for misrepresentation?

Asked on Dec 06th, 2016 on Bankruptcy - Nevada
More details to this question:
Bankruptcy lawyer misrepresented us about changing from 13 and switching to 7. It caused our home to go into foreclosure.
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2 ANSWERS

Generally when a former client sues a lawyer, it is for legal malpractice. A significantly false representation about fact or law may be a part of the malpractice action. For such an action to reach the jury, you must show that the lawyer owed you a duty (easy to show); that he or she violated that duty; and that the violation was a direct, foreseeable, natural, cause of a provable loss to you. Nothing prevents you from suing a Chapter 13 lawyer-just as you can generally sue any professional. Since lawyers are usually defended by their malpractice insurer, and the insurers hire very skilled defense counsel, you must be ready to prove facts strongly. Of course, retaining a skilled legal malpractice lawyer is almost always worth the investment.
Answered on Jan 29th, 2017 at 1:04 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The courts are open to everyone, and you can always file a suit, but without additional investigation, I cannot say whether you would be successful with a lawsuit. A large percentage of Chapter 13 cases fail, and you would have to show that the foreclosure and other damages was entirely the fault of your attorney..which we all know is not true.
Answered on Jan 26th, 2017 at 4:56 PM

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