Attorney Didn't file in time.....

[robivi3]

To sue for malpractice? Unlikely. You will have to deal with this situation as it is. You may try and get your money back and then hunt for another lawyer.

[RickD]

sueing a lawyer

The best way to get the guy is to go to your state bar association and file a grevience. Attorney's are fearfull of the complaint process because it could take months and send the poor guy into high anxiety. I know this because the attorney I work with was nailed twice by the statewide grevience committee. He got off both times with a hand slap but I couldn't stand being around him for months during the process.

You will not get another attorney to sue an attorney because it is an "ole boys club" and they all (women alike) belong to the same fraternity.

Rick

[kari]

Before asking for your money back, I would first check with other attorneys on their cost under the new laws. My attorney told me that their fees were going to triple as soon as the new laws passed. If this attorney will do it for what you already paid, I would just stick with him, but follow up with everything he's supposed to be doing. If you end up in a worse situation because he didn't file on time for you, I would check with another attorney on holding him responsible. Had you already signed and dated the filing paperwork or just the petition?

Good Luck
Kari

[hhou812hh]

Before asking for your money back, I would first check with other attorneys on their cost under the new laws. My attorney told me that their fees were going to triple as soon as the new laws passed. If this attorney will do it for what you already paid, I would just stick with him, but follow up with everything he's supposed to be doing. If you end up in a worse situation because he didn't file on time for you, I would check with another attorney on holding him responsible. Had you already signed and dated the filing paperwork or just the petition?

Good Luck
Kari

Makes more sense then anything so far. Hopefully it will be possible.

[butterflyness]

Keep us updated!!!

[CRRAVOSA]

I would talk to the lawyer and have him file your petition, pay for your counseling and the debt management class, refund your money and file your petition pro bono where it is timely for you to file. After all what he did may be considered malpractice. Does he have malpractice insurance, he does not work with you inform him you want his malpractice carrier on notice and followup in writing. The ball is in your court, an attorney could really get in trouble for this, especially if you are not eligible to file under a 7. Good luck

[Elissa]

Thank you again for all of your comments. Some of them are very helpful.

Just to repeat what I've already said....I have not spoken to my attorney yet. He's been very sick and out of the office. He is due back today, so according to his legal assistant, I'm top prority on his list. His legal assistant told me that he does not plan on charging me anymore money, under the new law. He will hold up his end of the contract and file under the old price.

I just need to talk to him first before deciding on what to do next. Yes, it was a last minute thing, as it's very hard to be doing this from London and trying to send papers back and forth to Wisconsin. He didn't send me the final papers to sign until he was just about to go on vacation, hense, he didn't get them back from me in time before he left. But,he assured me that when he got back, he would run down to the court house. I did what I had to do, the papers where there on time, however, he got ill on his vacation, and didn't get to his office to file on the 14th.

I'm not placing blame on my attorney, things happen, and it could very have been partly my fault for not taking care of this sooner....but, as someone posted earlier...his legal assistant, could have very well, done this for him, which I don't understand why she didn't.

Hopefully, after talking to him today, I will have some answers and feel better about things.

Yes, I will let you know how things go and what he has to say.

Thank you again for your comments and information.

[breathing_in]

How to file chapter 7 from overseas?

Hi Elissa, I'm wondering how you went about filing from overseas? I'm in much the same postion...simple debt, no assets at all, no income, and living in Asia for the past 4 years. I would like to file for bankruptcy, but having a difficult time finding a lawyer willing to help.

Thanks for any advice or suggestions! ~ and good luck with you filing. Sorry your lawyer got to your paperwork late.

[Elissa]

Hi! Yep, same boat with me as far as debt, very simple, no house, or anything like that.

I had a very hard time with finding an attorney. I went through an online Bankruptcy place that screwed me over and tried to pull some fast one's over on me. Thankfully I got my money back after filing a complaint with their local bar association.

How did I do it? Well, I maintained a "residence" with my mom, basically all my things were in storage at her house and I still had the odd mail sent there. You have to be able to prove residency in the state you live in. Then I just called all the attorney's in the area that I'm from and pled my case. Told them about my debt, my living overseas, stuff like that. I finally found an attorney that would take my case. We've done most stuff over the phone and via email, but I did meet with him in person when I visited home. I was able to sign the needed papers and UPS them back to him, I had to send all my debt information, and that was basically it.

It's been pretty easy up to this point of him not filing in time. So, it can be done, it's just finding an attorney that will take on your case really.

Hope that helps. Let me know if you have anymore questions!

Hi Elissa, I'm wondering how you went about filing from overseas? I'm in much the same postion...simple debt, no assets at all, no income, and living in Asia for the past 4 years. I would like to file for bankruptcy, but having a difficult time finding a lawyer willing to help.

Thanks for any advice or suggestions! ~ and good luck with you filing. Sorry your lawyer got to your paperwork late.

[FilingOnMyOwn]

That whole deal just sounds so assnine. I certainly understand being sick, but he should have at least one other person to do administrative type work for him. And why the hell would he go on vacation the week before the deadline? He couldn't wait a few weeks to go on vacation until after the deadline? I can't imagine being busy at work and saying oh okay I'm going to clock out now and go on vacation, only to leave everyone else hanging. If he was incompetent in making that decision, whos to say he couldn't screw up something else? If you are comfortable with filing pro se, and he still hasn't filed it yet, you could ask him to cancel the service and if he didn't want to refund your money you could pay $25 and take him to small claims court for failing to deliver his services in the time period that was promised.

[Minnymouth]

Thats a BUMMER!!!! Shame on him, course it doesn't affect him at all......
Remember under the new laws attorneys can be held liable for certain things..... hmmmm... wonder if he can be held liable because he "waited" till the new laws took effect??? Worth looking into....
Keep us posted,
Minny

[Zapata]

That is horrible!!!

Well, that is malpractice on that attorney's part. Going on vacation BEFORE the new law took effect? WOW. Amazing.

Anything that you don't get discharged because of the new laws.... would be your claim against this sorry excuse for an attorney. I am serious. I am not a litigious person... but if a doctor left a scalpel in your gut, would you do something about it???

Hey all,

Big problem for me. My attorney was on vacation the week before the new law went into affect. He was ill when he got back and was out of the office and didn't file my petition in time for the old law.

He now informs me that he will have to file under the new laws.

What do I have to look forward to now that I'm under the new laws?

Just makes me so angry....I paid for his services, and he didn't do what we had contracted to do.


Thanks

[Zapata]

To sue for malpractice? Unlikely. You will have to deal with this situation as it is. You may try and get your money back and then hunt for another lawyer.

Well, at the VERY least.... she should file a complaint with that state bar and have their watchdogs look into it. Absolutely do not use this attorney in the bk and definitely get the money back, including the ORIGINAL file. The attorney has to give that to you. He can make copies of anything he wants to keep.

But a formal complaint with the state bar is absolutely called for.

And this IS malpractice. Getting someone to go against another attorney is hard to do... and not economically feasible UNLESS the person damaged has a lot of economic damages. A ruling by the state bar against this attorney will be a good first step.

[breathing_in]

Thanks so much Elissa...it's a big help!

Unfortunately I don't have a similar maintained residence in the US. There is a lawyer that may be able to help me the end of next month, once laws (I believe he was referring to the new bankcruptcy law) become clearer as they pertain to overseas filers in his state. I getting the impression the new law and it's effect on overseas filiers isn't clear yet...even to the lawyers.

To be honest, I'm wondering if I would just be better off with the statue of limitations, given I have no plans to live and work again in the US and it's already been 4 years. I would be equally happy to negotiate (a friend has offered financial help to do this if I wish) but after such a long time perhaps the creditors wouldn't be interested. I'd also want a lawyer to do this for me, since I doubt I have these negotiating skills.

Thank you again. I'll be following your thread hoping everything works out you!

take care.

Hi! Yep, same boat with me as far as debt, very simple, no house, or anything like that.

I had a very hard time with finding an attorney. I went through an online Bankruptcy place that screwed me over and tried to pull some fast one's over on me. Thankfully I got my money back after filing a complaint with their local bar association.

How did I do it? Well, I maintained a "residence" with my mom, basically all my things were in storage at her house and I still had the odd mail sent there. You have to be able to prove residency in the state you live in. Then I just called all the attorney's in the area that I'm from and pled my case. Told them about my debt, my living overseas, stuff like that. I finally found an attorney that would take my case. We've done most stuff over the phone and via email, but I did meet with him in person when I visited home. I was able to sign the needed papers and UPS them back to him, I had to send all my debt information, and that was basically it.

It's been pretty easy up to this point of him not filing in time. So, it can be done, it's just finding an attorney that will take on your case really.

Hope that helps. Let me know if you have anymore questions!

[FilingOnMyOwn]

If you're staying overseas indefinately, why worry unless you have valuable property back in the US that you would be afraid of them taking. If you're not paying taxes in the US through payroll, than I'm sure theres no way for them to garnish your income. And with the exception of maybe canada and some of the islands in the gulf, do overseas countries even deal with the big 3 american credit bureaus, or ask for your american social security number for credit? If not, then don't worry, they'd probably never get anything from you.