More details to this question:
I filed chapter 7 bk due to a judgment against us but my husband did not want to file with me. my attorney let me file all alone and complete the chapter 7. when it was finished the creditor then went after my husband for the judgment. the attorney then took our money again for filing and filed only in my husband's name for chapter 7 again. then he made a mistake in uploading my husband's information and the court dis-allowed my husband to file. we got another attorney, filed a chapter 13, because now my husband was making too much money for a 7 and finished the 13, still have the judgment, because the court allowed the judgment to attach to our houses and now they are asking for a motion to sell our houses. HELP !! I think the original attorney should be liable. he should have not allowed met to file on my own, knowing the judgment was in both of our names?????
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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Seems like there are some key facts missing because what you're saying most likely should not have happened.
If you received a discharge in your Chapter 7 case, that discharge protects all community property from execution as long as you remain married. The creditor had a right to sue your husband and get a judgment, but not to enforce that judgment against any community property. If they got liens against any community property, they violated the post discharge injunction and those liens should be removed. You say the court "allowed" the liens to attach to your houses. I'd need to see the motions and order leading up to that because, as I mentioned, it should not have happened given the facts as you state them.
How are you selecting your bankruptcy attorneys? Are they certified specialists, or just cheap attorneys you found?
Did the creditor ever file a Complaint Objecting to the Discharge of their debt? If not, then their debt was discharged. In what court have they filed a Motion to sell the houses? Have you (or your husband) discussed any of this with his "new" attorney? There's many facts missing here.
I suggest finding an experienced bankruptcy attorney to review the case(s) and see what can be done.
What to Look For When Hiring a Bankruptcy Attorney
Answered on Feb 01st, 2017 at 9:10 PM