QUESTION

What to do if my attorney is now disbarred after my finished BK-7 and I have a creditor now sueing that was listed?

Asked on Nov 15th, 2012 on Bankruptcy - California
More details to this question:
Bankruptcy 7 was personal and business all together . It was discharged. This is the only creditor that has continued to harass me and now filing suit. I cannot afford an attorney for this and it seems my past attorney is disbarred. Does he hold any responsibility here that I can pursue?
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6 ANSWERS

Get a copy of your file from the court. Get the listing of creditors and the discharge and then send that to your creditor.
Answered on Nov 20th, 2012 at 4:39 AM

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Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA at Law Offices of Robert Parkinson Taylor
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Call a few local bankruptcy attorneys. This company may be violating your bankruptcy discharge and you may have a great law suit against them, even though they weren't listed in your original petition. In order to evaluate your situation, attorneys are going to need much more info.
Answered on Nov 19th, 2012 at 11:17 PM

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Have you tried sending the creditor a copy of the Order of Discharge.
Answered on Nov 19th, 2012 at 10:54 PM

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It does not seem that your disbarred attorney did anything wrong in your particular case. The one who is doing wrong is the creditor which is suing you for a discharged debt. It may be that your creditor is claiming that your debt was non-dischargeable. You give no detail in that respect so it is difficult to tell. The worst thing you can possibly do in this instance is nothing. If you fail to respond to the lawsuit, a default will be entered and a judgement will soon follow. The bankruptcy is probably a complete defense, but the judge in the court in which you are being sued won't know about the fact that you filed unless you file an answer and plead the fact that the bankruptcy was filed. Your "I can't afford an attorney" defense will get you exactly nowhere in court. You probably have not even called someone. Call another bankruptcy attorney in your community. Explain that you need some help preparing an answer to the complaint (that was the document suing you is called). Tell the attorney that you need to prepare an answer and assert the affirmative defense of bankruptcy discharge. Any attorney with dry ears should be able to figure that one out and help you get an answer filed in your own name. Unless there is something you have not shared, you should be able to make this go away fairly easily.
Answered on Nov 16th, 2012 at 4:08 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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The creditor is violating what is called the "discharge injunction". That is the order of the bankruptcy court that prohibits collection of discharged debts permanently. The court will award you money called sanctions and attorneys' fees against a creditor for the violation of the discharge injunction. The bankruptcy judges take the discharge injunction very seriously. You say that the creditor is "now filing suit". Has the suit actually been filed or just threats? You need to send the creditor a certified letter, return receipt requested, with a copy of the Discharge and tell the creditor in the letter that if it contacts you again or sues you in any manner you will ask the bankruptcy court to award you damages and attorneys' fees for the violation of the court order. If the creditor continues to call you then document the calls in writing date and time of the call, who called you, what was said and if voicemail messages are left for you then you must preserve them for the court to hear. If that happens then see a bankruptcy attorney in your area because the lawyer will probably take the case on a percentage of the recovery or maybe just for the fees that the court will award you. If you have been sued, then make sure you answer the complaint timely and attach to your answer a copy of the Discharge. It would be very unusual if you were sued by a lawyer for the creditor knowing about the discharge so make sure you inform the creditor's attorney of the discharge in writing. Again, you might get paid a substantial sum for the violation of the discharge injunction and any bankruptcy attorney can represent you based on a percentage of what the court will award you or for just attorneys' fees awarded by the court. Your previous attorney is not responsible for creditors that break the law no matter what he did to deserve being disbarred. However, make sure you did get a discharge first given that your previous attorney may have not told you the truth. Considering that he was a bad apple that lost his license to practice law you need to make sure the discharge was actually granted.
Answered on Nov 15th, 2012 at 11:40 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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If the creditor was listed then send a copy of your discharge to the creditor and proof they were listed. if they file a lawsuit then send a copy of the discharge to the court.
Answered on Nov 15th, 2012 at 7:02 PM

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