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Chapter 7 Overturned due to bad atty/lack of info, any way to appeal?

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batorideikou

Junior Member
I filed a chapter 7 a while back and when I met with the attorney initially it was like last year when the law was just being passed or whatever, and they basically said "we don't know what this will entail, we still have to get educated on it, etc etc." Flash forward to several months later, and the meeting/case was over, the lawyer and I went down in the elevator to the ground floor and talked for a solid 5 minutes or so on the way down, never not once ever, mentioned a certification or "exit" class having to be done. Flash forward to a few weeks back and I get a phone call saying that I have to have my certification from the class I took in 6 days. I fax the paper from the pre-bankruptcy class the same day, and they say, "No, the one from the class you took after the case." So, I ask if they can get the deadline extended after calling the place I went with for the pre-bankruptcy cert. and them telling me that the closest one they could even squeeze me into was 2 saturdays from then, and they say, sure, we'll put in for an extension, etc etc. The place that I went with (MMI) had also told me on the phone that they are to give at least a month's notice to me beforehand that this was due, and since I wasn't aware at all that it was due, I think that's pretty crappy. So I called back and was told that the attorney told me after the case was over the day of the hearing. If I was told this, I would have done it THE MINUTE that I got out of that courtroom. Why on the green earth would I pay $1200 to this attorney and then neglect to do this one last thing? Am I a massochist? Do I enjoy wasting money? No, I don't. So after calling them back and getting the runaround, I take the class, get the certificate, which I was assured was faxed to my attorney, and would get to the judge, I get no notification of anything. So I call again, the status of things is "unknown".... Then a week or two ago I get a letter via the attorney from the court saying the case has been overturned. I've called the attorney twice since then, once I got a recording saying to leave a message, I did, no return phone call, once I got a "we'll call you back" response. Now that this has been overturned what are my recourses? I mean, if I have to pay $1200 again, I will, I really just want this over and done with; but are there any other ways to, I don't know, appeal this? Can I even file again this soon, even though it didn't go through? Cause god knows this attorney is not going to admit he and his firm are idiots that don't tell people things and don't call people back, and then fib about stuff they do, do apparently. In addition, I've gotten solicitations from auto dealerships and such, listing a "discharge number" on them, what's up with that, if the case got overturned?
 


Ladynred

Senior Member
Overturned ?? Are you SURE about that ?? The bankruptcy can wind up CLOSED WITHOUT DISCHARGE if you don't file the required certificate, but I don't see why they would DISMISS the entire case.

If it has only been closed w/o discharge, then you CAN re-open the case, file the required certificate and then you'll get your discharge.

Check my answer in this thread: https://forum.freeadvice.com/showthread.php?t=330635



In addition, I've gotten solicitations from auto dealerships and such, listing a "discharge number" on them, what's up with that, if the case got overturned?
No such thing as a 'discharge number'. Car dealers buy the lists of people who have FILED for bankruptcy, then they will spam your mailbox for weeks or months with their ridiculous 'deals'.. trust me.. nothing they offer you at this point in time will be a good deal !!!
 
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batorideikou

Junior Member
yes actually it does say "Closed without discharge" on the papers, um, the atty's paralegal or whoever called me the first time and left the message on my machine, those were HER words, "....your case will be in danger of being overturned." I just assumed they were 2 terms for the same end. But thank you so very much :)
 

Ladynred

Senior Member
Well, you can file the Motion to Reopen the case yourself, especially since all you're doing is opening it to get your certificate of completion filed with the court.

The lawyer should be aware the those cases, but you never know. If they're like most lawyers, once your case is over with, they don't give a rat's patoot about you anymore.
 

batorideikou

Junior Member
well evidently they either weren't aware or didn't care, prolly the latter, beacause I even tried calling today and they didn't even pick up, so.... How does one go about filing a motion like that? Just call the court or county building or whatnot? How do I go about obtaining the form, etc etc? Sorry, just kinda new to this letter of the law stuff. Just like, I was always under the impression that a "legal" person would have file a motion or anything to do with the court, but apparently I was wrong =)
 

Ladynred

Senior Member
How does one go about filing a motion like that
You draft a motion in the proper format and include it with the proper forms to re-open your case, pay the filing fee, and the BK court clerk will file the papers. Call the BK court, speak to the court clerk, he/she should be able to help you, or at least point you in the right direction. The clerk should be able to give you Form 23 required for filing the certificate.


If you will PM me with your email address, I can send you a sample Motion to Reopen. You would have to modify it to suit your case.
 

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