how can i report a bankruptcy lawyer that has been paid

In any event, there are two avenues to take to deal with attorney problems: 1. Contact your state bar (licensing) agency and file a complaint. 2. Contact the United States Trustee's Office for your district. They oversee bankruptcy cases and will, if appropriate, seek a disgorgement of your attorney's fees.

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What do I do if I make a mistake in my bankruptcy form?

Sep 09, 2021 · When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What happens when you file for bankruptcy?

Oct 11, 2012 · In any event, there are two avenues to take to deal with attorney problems: 1. Contact your state bar (licensing) agency and file a complaint. 2. Contact the United States Trustee's Office for your district. They oversee bankruptcy cases and will, if appropriate, seek a disgorgement of your attorney's fees.

How do I file a complaint against a lawyer?

File a Complaint With Your State's Lawyer Discipline Agency Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court.

How do I deal with attorney problems?

May 23, 2011 · I paid my lawyer for a abandonment case and nothing has really been done, I have tried calling and have been told he will call back but never does. I want my money back if he isn't going to get it done but dont know how and would like to turn him in.....its been over a year since i paided him up front and told him what i wanted.

Can bankruptcy trustee take assets after discharge?

The trustee can revoke your discharge. If the trustee finds hidden assets, the trustee can ask the court to revoke or take back your discharge. The trustee can do this at any time before the case closes or, even after, up to one year after the discharge date.

What happens when a company goes out of business and owes you money?

If a business goes bankrupt and owes you money, your debt is listed with all other debts according to a specific scale. That scale determines the order in which debts are to be paid. Typically, bankruptcy debt is determined to be preferential, secured or unsecured, in that priority order.

How far back does a bankruptcy trustee look?

Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.Dec 6, 2021

What debts Cannot be forgiven in bankruptcy?

The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.Apr 7, 2021

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Mar 21, 2022

Does the trustee monitor your bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary.

How does a bankruptcy trustee find hidden assets?

The bankruptcy trustees go about finding hidden assets by taking a close look at your debts, as well as doing public record searches, online analysis, tax returns, review reports from former spouses or friends, as well as payroll slips that may show deposits into banks or accounts that you have not listed in your ...Jan 29, 2020

Does a debt go away when you file bankruptcy?

Any outstanding balance owed at the time of a bankruptcy filing will still remain after the case is over. Legal fees and debt in a divorce decree: In many divorce decrees, one spouse agrees to pay for legal fees or some outstanding debts owed by the other spouse. These debts will survive your bankruptcy.Feb 26, 2021

What types of debts are not dischargeable?

Non-Dischargeable Debt in BankruptcyDebts that you left off your bankruptcy petition, unless the creditor actually knew of your filing;Many types of taxes;Child support or alimony;Fines or penalties owed to government agencies;Student loans;Personal injury debts arising out of a drunk driving accident;More items...•Oct 18, 2021

Can creditors collect after Chapter 7 is filed?

Once you file for bankruptcy, an automatic stay goes into effect. An automatic stay specifically states that creditors cannot contact you to collect debts after you've filed for bankruptcy. It protects you from harassing phone calls, emails, and letters.Feb 20, 2020

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What to do if you cannot get your attorney to work with you?

If you cannot get them to work with you then you will have to talk to another attorney. You current attorney should give you your file. Whether you are entitled to any money back will depend on the agreement you have with your attorney and how much work they have actually done... 0 found this answer helpful.

Can I fire my lawyer?

You certainly have a right to fire your lawyer if you are unhappy with his services; however, it's always best to try to work things out first and seek a resolution to the issues. If you terminate representation, you have a right to have your file promptly returned to you and a refund of any unearned portion of fees already paid refunded. If there is a dispute as to the fee, the State Bar has a fee dispute resolution...

How long does it take to pay bankruptcy fees?

The entire fee is due within 120 days after filing. If the bankruptcy court approves your application, it will grant an Order Approving Payment of Filing Fee in Installments. Your installment payment due dates will be in that order. You must pay all installments on time or your case is at risk of being dismissed.

How long does it take to pay Chapter 7 bankruptcy?

You can ask to make four installment payments. The entire fee is due within 120 days after filing.

How long does a Chapter 13 bankruptcy stay on your credit report?

A completed Chapter 13 bankruptcy stays on your credit report for 7 years after the filing date, or 10 years if the case was not completed to discharge . As a result, filing bankruptcy will initially lower your credit score. How much your credit score will drop depends on how high or low it was before bankruptcy.

What happens when you file Chapter 7?

As soon as you file your Chapter 7 bankruptcy, you are given a case number and a bankruptcy trustee is assigned to your case. The bankruptcy trustee will oversee your bankruptcy filing, will review your bankruptcy forms, and may ask for additional documents to verify your information.

What is the term for protection from creditors after bankruptcy?

Protection from your creditors begins immediately after filing for Chapter 7 or Chapter 13 bankruptcy. This is called the automatic stay. Once you file and the automatic stay takes effect, your creditors are not allowed to take collection action against you.

What happens if you surrender your car?

If you choose to surrender your vehicle, then it will be repossessed and the debt will be discharged in your bankruptcy. Filers with high car payments they can't afford often choose to surrender their car to get out of the debt.

What is the form that you file for bankruptcy?

One of the forms you will file with the bankruptcy court is called the Statement of Intention. In this form, you tell the court what you plan to do with property that is securing a debt you owe, like real estate or a vehicle.

How long does it take for a bankruptcy to be discharged?

In Chapter 7 bankruptcy, you normally receive a discharge a few months after filing your case.

What happens if you don't disclose all your property in bankruptcy?

If the trustee or your creditors discover that you provided false information on your bankruptcy papers or didn't disclose all of your property, they can ask the court to reopen your case in order to administer those assets or even revoke your discharge. In some cases, you may also want to reopen your bankruptcy.

What do you have to do if a court closes your case?

Until the court closes your case, you have a duty to cooperate with the trustee. This means that you may still be required to: turn over nonexempt assets to the trustee. provide additional information or documentation. testify in a pending lawsuit, or. appear at a deposition or 2004 examination.

Do not sell personal information?

Do Not Sell My Personal Information. Most debtors file for bankruptcy relief to discharge (wipe out) their debts. But your bankruptcy doesn't end when you receive your discharge. Your case is not officially over until the court closes it by entering a final decree or order.

Can you reopen a bankruptcy case?

In some cases, you may also want to reopen your bankruptcy. For example, if you accidentally forgot to list a debt or if a creditor is violating your discharge, you might ask the court to reopen your case to address these issues.

Do your responsibilities end when you get discharged?

Your Responsibilities Don't End When You Receive a Discharge. Just because you received a discharge doesn't mean that you have no more responsibilities in your bankruptcy. If you have a complex bankruptcy with ongoing lawsuits or appeals, your case might remain open for a long time after the court grants your discharge.

Do you have to file Chapter 13 before discharge?

If you filed for Chapter 13 bankruptcy, you typically have to complete your Chapter 13 repayment plan before the court will grant you a discharge. (To learn more, see The Bankruptcy Discharge .) Even if you receive a discharge, your bankruptcy remains open until the court enters a final decree or order closing your case.

What happens if a debtor files for bankruptcy?

If a debtor filed a Chapter 13 bankruptcy, only the bankruptcy judge can make the determination of whether the case should be dismissed. The debtor can make a request for a voluntary dismissal of her case to the bankruptcy court.

Who will scrutinize bankruptcy?

The bankruptcy trustee and creditors are going to heavily scrutinize any subsequent bankruptcy. A good rule of thumb is to carefully evaluate whether to file bankruptcy in the first instance and then if you want to dismiss the bankruptcy, the decision should be made even more thoughtfully and intentionally.

How long can a debtor refile after filing for bankruptcy?

Section 109 of the Bankruptcy Code mandates debtors who voluntarily dismiss their bankruptcies after a creditor filed a motion for relief from the automatic stay are not able to refile for 180 days.

What is the job of a trustee?

The trustee's task is to assemble non-exempt property and equity and liquidate same to repay creditors. The trustee will try to keep a debtor in bankruptcy and liquidate his or her property and equity even if the debtor no longer wants to remain in the case.

Can a bankruptcy be dismissed in Chapter 7?

If a debtor filed a Chapter 7 petition, he or she does not have the option to voluntarily dismiss the bankruptcy. The only way to dismiss a Chapter 7 bankruptcy is to file a motion to dismiss. That motion is presented to the bankruptcy court. The decision is up to the bankruptcy judge's discretion.

Is bankruptcy a long term or short term decision?

The decision to file bankruptcy is serious with long-lasting and significant consequences. There are long and short-term implications associated with filing bankruptcy. It should not be entered into lightly, which is why It is prudent to undertake this process with the benefit of consultation with counsel.

Does bankruptcy stay on credit report?

Even if the case is dismissed by the bankruptcy court, however, the fact that the debtor filed bankruptcy will remain on his or her credit report. The bankruptcy case number and record of the bankruptcy filing stay on debtor's credit history file. This happens regardless of whether debtor completes bankruptcy.

Dheeraj Kumar Singhal

I do not normally answer questions concerning the conduct of fellow attorneys or "fee disputes". If you are dissatisfied with the actions of your attorney you are certainly free to contact the Pennsylvania Disciplinary Conduct Board at www.padboard.org to raise the issues in your question...

Jacques H. Geisenberger Jr

Remember, you hired this attorney to represent you. If he is not representing you properly, you are entitled to a refund. First, I would put my disappointment in writing and formally ask for a refund. If you do not receive a prompt answer, contact the attorney disciplinary board in your state.

Steven Anderson Leahy

What does your retainer agreement provide? You should ask for an accounting of your retainer (in writing) and if you don't receive an accounting, contact the organization that represents attorneys in your state as well as the office of the US Trustee, which regulates the conduct of bankruptcy attorneys.