QUESTION
What can we do regarding misrepresentation in bankruptcy?
Asked on Jun 11th, 2013 on Bankruptcy - California
More details to this question:
My husband and I filed bankruptcy approx 2 years ago. Since then, we have struggled horribly to keep up with bills and honestly haven't been able to. My car needed major repairs and we got behind on our trustee payments. In trying to find a solution with the attorney, I have found that he listed our monthly income as more than $1000 a month more than what we have. I tried speaking to him about this error and he claims not to see the problem. I don't know what action I can take to perhaps go with another attorney to fix this for me and my family. This has been the worst experience. I feel completely ridiculous for not reviewing the initial paper work before it was filed. I should have made my attorney understand that things were going too fast and we didn't understand. Is there any advice you can give us? Thank you.
5 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Hire another attorney.
Answered on Jun 11th, 2013 at 7:32 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I would send your attorney a letter telling him you want to discharge him. He should then file a motion to withdraw as your attorney. You should then talk to one or more attorneys about representing you in the chapter 13 case.
Answered on Jun 11th, 2013 at 7:32 PM
Get a new attorney. Chapter 13 is too complex to fly through it.
Answered on Jun 11th, 2013 at 7:32 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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I am sorry to hear that you're having a bad experience. Under no circumstances should you have let someone file paperwork without carefully looking at it and having it explained to you. That's the purpose behind paying someone, so they can make sure everything is done properly, not so you can blindly follow them. Now that you're having issues, your attorney should be able to do a motion to modify the Plan and change it to terms that are reasonable. If your attorney does not know how to, there are many firms out there (including mine), that can do it for you. Unfortunately, it costs money to do so, so you have to understand that you will be paying someone to fix this for you.
Answered on Jun 11th, 2013 at 7:31 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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File a complaint with the State Bar wherever he is licensed. Then find a good chapter 13 attorney licensed in the state where you live.
Answered on Jun 11th, 2013 at 7:31 PM