help!!my bankruptcy attorney goofed and cost me $16000.00

[cayla99]

What is the name of your state? California

Do to a divorce my soon to be ex and I were forced to file bankruptcy. Shortly after we filed my grandmother died. My lawyer testfied at the meeting of creditors that he was going to file a wild card exemption for the 16,000.00. He screwed up and only filed for 5,000.00. I discovered the error when the executrix of my grandmothers estate notified me that the trustee had placed a lien on my inheritance. I called my attorney who told me it was ok, we could always file and amendment. The trustee agreed it was within my wild card, but because the trustee had spent time and money trying to collect my inheritence (and i think the judge was trying to teach attorney a lesson) the judge threw out the amendment. Is the attorney who messed up in any way liable for the money i lost? In court trustee said if it was done right the first time that they never would have objected.

Lets see you STIFF creditors by filing bankruptcy, and now you are complaning somone is trying to STIFF YOU.

You have BALZZZZZZZZ, man!

[cayla99]

gooberitiz,

I don't have to explane why i filed bankruptcy. But I will give you a small portion of it. My husband took all our savings and ran off with his internet dream girl. Leaving me with two children and HIS mother who has colon cancer. He also left me his credit card bills and other debts which were not mine but I was responsible for because i was legally his mrs. Not all people file bankruptcy to stiff creditors. Some of us legally had no choice. I have lost everything. I suggest that you get the facts before you condem people. The laws are there for a reason.

Amen! You said it very well with style!!! Facts are important and need to be addressed first! I do not know the answer to this one but it might be a good idea to talk to another lawyer (???).

I can probablly save you some trouble and tell you that he isn't liable for the mistake he made. I'm not a lawyer, reading up on statues and laws is just kinda hobby for me, but when you hire him you are getting the service as is. Think about it like this... you can't sue an investment banker because he lost all your money. If you had a very clean discussion with your attorney about what it is you wanted done and he agreed to do it, then you may have some form of legal recourse. But if he devised and enacted the plan solo, chances are you are out of luck.

I like Walt's idea -- perhaps talking to another attorney. Remember, not all attorneys are sharp as they need to be in areas of law. Or they may be attempting to practice outside of their usual area of law (i.e., a corporate attorney takes on a case from a friend or family member who needs personal injury counsel). Additionally, some were graduated at the bottom of their class..... but they still got a JD degree and still pass the state bar and so still become mediocre lawyers.

As a background, in the law firm where I work, we have Partners, Associates, Staff Attorneys and Of Counsel -- all attorneys.

Partners are top lawyers, Associates are in the path to being a Partner someday and are also top associate lawyers. Staff Attorneys are basically like paralegals; they didn't graduate very high in their class and didn't score great although passing the state bar. They will never become Partners. Of Counsel are lawyers who are not going to become Partners either but have a lot of experience. They may or may not have graduated high in their class.

So the attorney's character, experience and knowledge all are important in deciding who does what.

And yes there are some cases where you can sue an investment banker for losing your money. If for instance he doesn't sell when you tell him to sell (and you can prove it) and he loses your money.

Consult *another* GOOD attorney. Good "luck" to you!