QUESTION
Should I file a dispute is my case has been closed due to late sending of papers from my lawyer?
Asked on Oct 16th, 2013 on Bankruptcy - California
More details to this question:
My chapter 13 was closed before discharge due to a missing signature. My law firm was unaware of the case being closed and sent the paper work a week after the case was already closed. The court told me that there would be no fee to refile, but the lawyer is charging me $300 to reopen. Should I dispute this?
7 ANSWERS
The filing fee to reopen a bankruptcy is $260. So the attorney is making $40 off of this transaction. If the mistake was the lawyer's s/he ought to eat the cost in the interest of good relations. But I expect there is more to the story.
Answered on Oct 17th, 2013 at 10:37 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Yes, it sounds like your law firm may have slipped up. If they did, you should request them to reopen the case without charging you.
Answered on Oct 17th, 2013 at 8:02 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The question does not provide all the facts and therefore cannot be answered.
Answered on Oct 16th, 2013 at 7:35 PM
If in fact the error that caused your case to be dismissed was clearly the fault of your attorney, then they should absorb the cost of reopening the case. I am not opining as to whether it was their fault, just stating what should happen if the fault falls squarely with them.
Answered on Oct 16th, 2013 at 7:34 PM
Deborah F. Bowinski
There is a filing fee that must be paid along with a Motion to Reopen a closed bankruptcy case. Who should pay the fee may be a different question and may relate to the reason the case was closed without a discharge.
Answered on Oct 16th, 2013 at 7:33 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Get a new lawyer. If the lawyer you have cannot figure out when to file what, this is ridiculous. You should definitely contest the issues.
Answered on Oct 16th, 2013 at 7:33 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Assuming it's the law firm's fault, why should you be paying?
Answered on Oct 16th, 2013 at 7:32 PM