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attorney malpractice ?

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D

dogisme

Guest
What is the name of your state? california
I recently hired an attorney to help me file a ch. 13 bankruptcy. So she filed we went to court the whole nine yards. This was to save my house that was in foreclosure, it did.Now Im selling my house and she calls me in to the office and tells me that the trustee is going to take all of my profit or proceeds from the sale and disburse it to creditors for all my unsecured debt.Now she tells me that I need to convert to a ch. 7 in order to save any profits I am going to make off the sale of my home. So I convert to a ch. 7, now everything (I assume) is flowing smoothly. So I relax a little and start moving out of my house slowly day by day because escrow was going great and was to close on Dec. 18. Then out of nowhere my attorney tells me that I need to get the courts permission to sell before escrow closes. So she sets up a court date for Dec. 16, two days before escrow closes and tells me that there wont be a problem because shes already talked to the trustee about my case and that he had said he was going to approve the sale because it was a good deal. Well , it turns out my attorney lied to me about that because when we went to the 341 meeting with the trustee, he didnt know a thing about it because she just presnted it to him right then and there and wanted him to sign the consent form while he had a room full of others waiting to see him as well.So the judge of course denied my sale and Im in jeopardy of loosing my home now because she lied and failed to file the proper paperwork on time with the courts.What else is strange is why did she have me file a ch. 13 in the first place if she new my situation, she knew I was planning on selling and for what price , why did she wait until I went through the whole ch. 13 ordeal before it finally dawns on her that the trustee would take all my proceeds and Id have to file a 7 after all. My question is does it sound like I might have a malpractice case against her or just a case of a lame attorney and Im ass out. Thank you for any help that can be given
 



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