QUESTION
My lawyer was disbarred in Massachusetts before my bankruptcy hearing, does he have to pay me back? He will not be at the hearing.
Asked on Jan 11th, 2012 on Bankruptcy - Massachusetts
More details to this question:
He has not responded to any emails/phone calls so I don''t know if there will be anyone representing me next week at my hearing.
2 ANSWERS
2 Awards
I agree that if the attorney is disbarred, the likelihood is that he lacks the funds to pay you back. If you decide to pursue it, I do not know why you would not prevail.
Due to the attorney being disbarred, I am very concerned if the attorney on the verge of being disbarred did his job of making sure your assets and income are protected. I strongly suggest you get someone to review them before the meeting of creditors. You want to insure you did not sign paperwork that establishes the right of the Trustee to grab cash or even your house. I have seen it happen.
Answered on Jan 18th, 2012 at 8:14 PM
Personal Injury Attorney serving Fall River, MA
at
Botelho & Associates, LLC
Update Your Profile
If he is being disbarred I seriously doubt he will paying you back, also I doubt he will or even could represent you at the 341 Meeting in your Chapter 7 Bankruptcy. If all the paperwork has been filed properly you should be fine at the meeting alone, but attorneys don't get disbarred from doing things properly. I would consult a Bankruptcy Attorney in your area for more advise. Is this the Brockton Court on Elm Street?
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
Twitter
Facebook
Answered on Jan 11th, 2012 at 1:58 PM