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Lawyer inaction caused case to be dismissed

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pbowman

Junior Member
What is the name of your state? IND

Back in Sept of 2005 I hired a lawyer for a bankruptcy case, he said that he could not file until I paid him in full $750.00. On Oct 1st of 2005 he cashed my check, I had asked him about the Oct 17th deadline and he said it would be done by then. 7 times I went in to sign my papers and it was postponed. Oct 17th came and went. I had most of my dealings with his receptionist who was very nice and tried to help me. Every time I stopped by his office, he was out, when I called he was busy. Finally in Dec 2005 I told them if it wasn't done by next week then I wanted my money back. His receptionist called back and said that it would be done 1st week in January. It wasn't. Finally when I did catch up to him I was told that I had to do credit counselling due to the new law (which he said wouldn't affect me). I went thru credit counselling. Then I signed the paperwork. After that for another month was told that they couldn't file, because their internet was down and that is the only way to file now. At the end of March I was finally at my breaking point and stated just to send my money back and I would find another lawyer. It was filed 2 days later, I recieved a letter from the bankruptcy court stated my court date, but they still needed my credit counselling certificate within 14 days or my case would be dismissed. I called their office several times and was told that they had the certificate, just needed to scan it into the computer and not to worry about it. I recieved a letter from the Bankruptcy court yesterday stated my case had been dismissed. Granted I should of fired him months ago, but I didn't. My question is what action can I take? Can he re-file it with certificate or do I have to wait now because of his action. If I can't, is there something I can do about it, report him to someone. Filing was bad enough, but this has really put me in a bind.

Thank you
 


seniorjudge

Senior Member
pbowman said:
What is the name of your state? IND

Back in Sept of 2005 I hired a lawyer for a bankruptcy case, he said that he could not file until I paid him in full $750.00. On Oct 1st of 2005 he cashed my check, I had asked him about the Oct 17th deadline and he said it would be done by then. 7 times I went in to sign my papers and it was postponed. Oct 17th came and went. I had most of my dealings with his receptionist who was very nice and tried to help me. Every time I stopped by his office, he was out, when I called he was busy. Finally in Dec 2005 I told them if it wasn't done by next week then I wanted my money back. His receptionist called back and said that it would be done 1st week in January. It wasn't. Finally when I did catch up to him I was told that I had to do credit counselling due to the new law (which he said wouldn't affect me). I went thru credit counselling. Then I signed the paperwork. After that for another month was told that they couldn't file, because their internet was down and that is the only way to file now. At the end of March I was finally at my breaking point and stated just to send my money back and I would find another lawyer. It was filed 2 days later, I recieved a letter from the bankruptcy court stated my court date, but they still needed my credit counselling certificate within 14 days or my case would be dismissed. I called their office several times and was told that they had the certificate, just needed to scan it into the computer and not to worry about it. I recieved a letter from the Bankruptcy court yesterday stated my case had been dismissed. Granted I should of fired him months ago, but I didn't. My question is what action can I take? Can he re-file it with certificate or do I have to wait now because of his action. If I can't, is there something I can do about it, report him to someone. Filing was bad enough, but this has really put me in a bind.

Thank you


File a complaint with these folks:

http://www.in.gov/judiciary/discipline/
 

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