QUESTION

Why hasn't my attorney filed the paperwork yet?

Asked on Jun 19th, 2012 on Bankruptcy - Florida
More details to this question:
I filed a chapter 7 bankruptcy in 2010 and reaffirmed my home and car. My lawyer told me that due to my timely payments my credit would be rebuilt in 2 years. Here we are 2 years down the road and I checked my credit report. Unfortunately, both show as discharged because my lawyer, who is now disbarred, never filed my signed reaffirmation documents. Now I have been paying the last 2 years with nothing to show for it. My credit shows nothing! What now? How can I get my credit to accurately reflect that I did not discharge these 2 loans and that I have been paying on them as agreed? I was told to refinance and that "reactivates" the loan. With the way my credit stands now, I could not get the same interest rate and will end up paying more. Why didn't this lawyer file my documents?
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8 ANSWERS

I think you answered your own question as to why he did not file (disbarred). Unfortunately, without a timely filed reaffirmation agreement, the debts were in fact discharged and cannot now be reaffirmed. Because of your lawyer, you are without remedy, other than suing him/her for malpractice.
Answered on Jul 02nd, 2012 at 1:43 PM

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He didn't file your documents for the same reason he is disbarred. He is incompetent or dishonest or lazy or some combination. You can write to the creditors and do some substantial whining. You can go into a prospective creditor and show them the signed reaffirmation agreement that your (stupid, dishonest, thieving) attorney didn't file and here are all my check showing I have been paying for the past 2 years, etc, and see if they stand up and salute or just laugh and move on to the next poor sucker. You can also call the car lenders, send them a copy of the unfiled reaffirmation agreement and see if you can get them to change the credit entries. Sometimes, if you are working with lender #2, the loan officer can call her friend at lender #1, the old car loan bank, and do a little lobbying for you. Getting an insider, especially one whose commission is based on getting you the loan you want, can be of some help. I am sorry this has happened to you. It shouldn't happen to bad people and you are good people and just trying to get by, but it has happened and the best bet is to work around it, attack it head on, but not worry about the why's. It really makes me angry, and I am a good bankruptcy lawyer who tries hard to take care of clients, to see a client get the short stick like you did from a bad lawyer. It gives us good lawyers a bad name we don't deserve. That said, I want you to take a really deep breath here and remember that it's just a credit score. It is not going to get you into heaven or send you to hell. It is not going to save your life or wreck your good marriage. It is just a credit score. You have your education, your skills, your health, your friends and family. Take care of yourself and take care of them and the credit score will some day come home, wagging its tail behind them.
Answered on Jun 29th, 2012 at 10:20 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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I cannot answer why an attorney did not do something, but I can offer this suggestion as to your credit. File a statement (perhaps called a dispute) with the credit reporting agencies. State that you have been paying as agreed from the filing of the bankruptcy.
Answered on Jun 28th, 2012 at 1:43 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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You are a little confused as to what reaffirmation means. The personal liability for those debts is discharged even if you reaffirm. It does create a new non-dischargeable debt if you do reaffirm. Real estate loans are not reaffirmed in cases filed in California. It is not required that such debts be reaffirmed and the courts will typically not do approve real estate loan reaffirmations in California cases since it is unnecessary for complicated legal reasons. Vehicle loans can be reaffirmed but it is not a good idea in most cases to reaffirm anyway. Rebuilding your credit history takes time and depends on how you handle it after the bankrutpcy and your income and other factors. It does take several years but the bankruptcy is in your credit history for 10 years so it will continue to affect your credit score for that many years. The reaffirmation is not shown in the credit report anyway. The banks do not report the payments if you do not reaffirm a vehicle loan and that is the downside to not reaffirming but there are benefits to not reaffirming also. The history of all the payments not made before the bankruptcy does not disappear from your credit report and will also affect your credit for a long time. You can not reaffirm a debt after the bankruptcy case closes.
Answered on Jun 28th, 2012 at 1:28 PM

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You are going to have to get in touch with your finance company. The creditors should not have accepted payments if the debts were unsecured credit card debts which were discharged. Or they should have refunded those to you. If these were secured debts, like for a car, you had to pay to keep your car. You could try 2 other options. One is suing the lawyer for malpractice and the second is to file a claim with the state bar. Problems like this is probably why he was disbarred.
Answered on Jun 28th, 2012 at 1:26 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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No one can tell you why the attorney did not file the affirmation agreements. As that relates to the mortgage the debt was discharged, thus taking it off of your shoulders. You can contact the credit reporting agencies and see whether you have the ability to get them to recognize that you have paid for the last two years. It may take contacting the lender in order to get them to correctly reflect the payments you have made.
Answered on Jun 28th, 2012 at 1:25 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You need to procure your entire file and hire another attorney. Without review of the file is impossible to give further advise.
Answered on Jun 28th, 2012 at 1:19 PM

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Bruce Arthur Plesser
Change lawyers if you aren't satisfied with any lawyer.
Answered on Jun 28th, 2012 at 1:17 PM

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