QUESTION
What can be done if I filed a chapter 13 in 2008, I just find out it was never discharged but I paid the attorney $3000 for a job he never finished?
Asked on Mar 09th, 2017 on Bankruptcy - Wisconsin
More details to this question:
I paid for something that was never done. I want my money back!
5 ANSWERS
I would need to know more, but generally, lawyers do not guarantee results. Might help had you said why the case was dismissed and not discharged. Most of the time this happens, it is because the client does not make payments to the trustee, does not turn over tax paperwork and refunds, and does not complete the second financial management class. Typically, the attorney has performed all the work and the client has dropped the ball.
Answered on Jun 01st, 2017 at 6:39 AM
1 Award
If you completed all of the requirements of the chapter 13, then reopen it and have the court enter a discharge. If that already did not happen, there must have been something missing: Either you did not pay off the case or you did not complete the financial management course. It is possible, but extremely unlikely, that your attorney failed to do something. Even if he did, you are probably beyond the 6-year statue of limitations to sue him for breach of contract as any attorney failure would have happened in 2008. It is strange you are just realizing this 9 years after the case was filed. It might be worth paying an attorney to review the court docket and your current credit report and let you know what your current options are.
Answered on Jun 01st, 2017 at 6:38 AM
Looks like you'll need to file with a new attorney. Sorry, no other ideas.
Answered on Jun 01st, 2017 at 6:37 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Why was the discharge never granted? Did you stop making payments or otherwise fail to complete the plan. Then it's not the attorney's fault. If you meet all the requirements and your attorney failed to do his/her job. Then you are owed a refund.
Answered on May 30th, 2017 at 9:28 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First, contact the lawyer and ask him if you were discharged or not. If not ask her or him why. Give him or her a chance to fix any mistake he may have made, o or tell you how to fix any mistake you may have made.
Answered on May 30th, 2017 at 9:27 AM