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  #1  
Old 12-20-2005, 02:09 PM
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Attorney gave bad info

What is the name of your state? PA

I declared Chapter 7 Bankruptcy 4 years ago and my attorney informed me at the time of the filing that one of my debts was dichargeable. 4 years later I received a letter from my creditor's attorney indicating that the debt was not dischargeable because it was secured however my attorney did not agree. The debt has now increased significantly ($30,00 to almost $90,000). Is there anything I can do about my attorney misinterpreting the Bankruptcy Code and misleading me during the filing and discharge process?

Thanks in advance for any guidance or direction you can provide!
  #2  
Old 12-20-2005, 02:13 PM
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Quote:
Originally Posted by Popeye
What is the name of your state? PA

I declared Chapter 7 Bankruptcy 4 years ago and my attorney informed me at the time of the filing that one of my debts was dichargeable. 4 years later I received a letter from my creditor's attorney indicating that the debt was not dischargeable because it was secured however my attorney did not agree. The debt has now increased significantly ($30,00 to almost $90,000). Is there anything I can do about my attorney misinterpreting the Bankruptcy Code and misleading me during the filing and discharge process?

Thanks in advance for any guidance or direction you can provide!

**A: please provide the specific details of this secured debt.
Last edited by HomeGuru; 12-20-2005 at 06:18 PM.
  #3  
Old 12-20-2005, 02:16 PM
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They were school loans that were consolidated by a Loan Consolidation Organization which eventually were paid off by a Loss Recovery Center who was considered the creditor at the time of filing and discharge.
  #4  
Old 12-20-2005, 02:39 PM
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Oh, and even if you could bring a legal action against the attorney for his 'advice'.... wanna' bet that he would say that:
1) You misunderstood what he said, or
2) He never said anything like that, or
3) He advised you based on what you told him... and YOU lied to him.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 12-20-2005, 02:43 PM
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Quote:
Originally Posted by JETX
Oh, and even if you could bring a legal action against the attorney for his 'advice'.... wanna' bet that he would say that:
1) You misunderstood what he said, or
2) He never said anything like that, or
3) He advised you based on what you told him... and YOU lied to him.
that is true lawyers never lie or bend the truth ......
  #6  
Old 12-20-2005, 02:44 PM
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So I am screwed?
  #7  
Old 12-20-2005, 02:47 PM
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Do you guys know how to tell if someone giving you advice is an attorney or someone with respectable credentials that can provide you with a some solid trusted advice??
  #8  
Old 12-20-2005, 02:59 PM
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Location: Somnambulist University
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Quote:
Originally Posted by Popeye
Do you guys know how to tell if someone giving you advice is an attorney or someone with respectable credentials that can provide you with a some solid trusted advice??
Yep. You walk into their office and look at the diplomas hanging on the wall. Also, look for a state practice license.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #9  
Old 12-20-2005, 03:02 PM
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I meant on these threads...sorry should have worded that better!
  #10  
Old 12-20-2005, 03:22 PM
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Location: Somnambulist University
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Quote:
Originally Posted by Popeye
I meant on these threads...sorry should have worded that better!
Nope. There are a few (VERY few) attorneys on this site. And more experienced qualified members.. then there are a whole BUNCH of real legal idiots here.. who have no experience or knowledge whatsoever.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #11  
Old 12-20-2005, 03:32 PM
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Join Date: Dec 2005
Posts: 19
Thanks JetX...I guess I should take their opinions and advice with a grain a salt. You have been great. Thanks again for all your time and help!
  #12  
Old 12-20-2005, 06:48 PM
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Location: Alabama
Posts: 2,106

In Case You Come Back....

Go down to Bankruptcy and have them pull your file. Look at the original petition and the matrix to see what creditors were listed. At that time almost no student loans were dischargeable and now virtually none. However by looking at the documentation you can get an idea of what the lawyer filed and you may be able to establish that you gave him the correct information. Even a first year law student knows that student loans are not dischargeable. Could he have been mistaken on the type of loan? See what the BK docs say.
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