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Bad bankrupcy advice cost me $125K

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FreyerDK

Junior Member
What is the name of your state (only U.S. law)? NY

I had a bankrupcy attorney that filed a chapter 7 for me. At the initial court appearance the Trustee advised us that a conversion to Chapter 13 would enable me to keep a settlement non compete offer from my former employer. My lawyer said he filed the conversion but it was rejected by the trustee. The trustee told me my lawyer never filed it causing me to lose the $125K. I have had a judgement put on me for not being able to pay my child support along with other necessary bills and this msitake has cost me my home also.
Do I have a case for malpractice? He told me was going to do something that he never did in time costing me money and bringing me to the edge of a nervous breakdown. Can I collect emotional damages too?
 


You Are Guilty

Senior Member
Before you take the word of the trustee on faith, pull up your case on PACER and see what, if anything, your lawyer actually did (or didn't do). Then, if warranted, speak to a legal malpractice attorney.

Just don't count on getting anything for "emotional distress".
 

FreyerDK

Junior Member
my bankrupcy was feb 2010

The bankrupcy was filed in Feb 2010 and discharged in May 2010. The trustee put a demand of payment on my severance package which is being turned over to him. I had asked my Atty numerous times to File the chpt 13 conversion and he did not. The trustee would not have taken much of the money in a chpt 13. My child support obligations would have been meet if I was recieving the monthly income that was part of a non compete clause with my former employer w payments made for 3 years. Trustee has been demenading payment from employer and they are finally giving in.
 

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