how lawyer refused to take my bankruptcy case

by Dr. Silas Maggio Published 2 years ago Updated 1 year ago 4 min read

Well, the first issue that might cause an attorney to not take on your bankruptcy case is a concern about truthfulness. Attorneys can be liable and individuals filing bankruptcy can be liable for any misrepresentations to the court – can actually include criminal liability if you make misrepresentations.

Full Answer

What should I do if my bankruptcy attorney doesn’t respond?

What can cause a bankruptcy to be denied?

Mar 19, 2015 · Make an appointment. Ask the bankruptcy attorney’s assistant to schedule a phone (or in-person) meeting. Tell them you only need ten minutes of the attorney’s time. Show up. If you’re unable to schedule an appointment with the bankruptcy attorney, and they are still not returning your calls or emails, you should just show up to their office.

Can I get rid of a lawsuit in bankruptcy?

Can a lawyer refuse to take on a client?

Can bankruptcy discharge be denied?

A discharge can be denied by the court for either all debts (denial of debtor's discharge) or for one particular debt (denial of the dischargeability of a particular debt).

What happens if your Chapter 7 bankruptcy is denied?

Having your Chapter 7 bankruptcy denied can have serious consequences. You will become immediately liable for all your debts. In the case of fraud, the trustee may also be able to administer non-exempt assets, which means you could lose your property and still owe your debts.

What Cannot be dismissed in bankruptcy?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

Which of the following is a reason to deny a debtor a discharge in bankruptcy?

Grounds for Denial of a Debt Discharge

Failed to keep or produce adequate books or financial records. Failed to explain any loss of assets. Committed a bankruptcy crime such as perjury. Failed to obey a lawful order of the bankruptcy court.Apr 7, 2021

What would disqualify me from Chapter 7?

5 Reasons Your Bankruptcy Case Could Be Denied

The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7. A previous debt was discharged within the past six years under Chapter 13.Mar 9, 2022

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

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

What can they take during bankruptcies?

Generally, the types of assets that you can keep in a bankruptcy include:

personal items and clothing.
household furniture, food and equipment in your permanent home.
tools necessary to your work.
a motor vehicle with a value up to a certain limit, usually an older vehicle qualifies.
certain farm property.

What debts are not dischargeable in Chapter 7?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:

401k loans.
Other government debt such as fines and penalties.
Restitution for criminal acts.
Debt arising from fraud or false pretenses.
Debts you intentionally did not include in your bankruptcy forms.
Damages related to a DUI accident.

Nov 2, 2020

Which is worse bankruptcy or repossession?

Bankruptcy can stabilize your finances, and while a bankruptcy filing may decrease your credit score, it is no worse than multiple charge-offs, repossessions or a foreclosure that continue to be reported to the credit bureaus each month.

What bankruptcy clears all debt?

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.Oct 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 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 to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. 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.

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.

Stephen Samuel Messutta

One more factor perhaps. Call it the "fear factor" if you like. Lawyers are human, believe it or not.

Ahmed Rashid Motiwala

I agree. Without knowing the specifics of your matter, it is hard to say whether your case is a viable one. One of my firms focus areas is Estate & Probate Matters. Feel free to contact my office and I'll be glad to evaluate your legal issue. Gregory & Lai, 847-756-4900. - Ahmed Motiwala, Esq.#N#More

Daniel G. Galivan

I would suggest that you ask the question directly to the attorneys with whom you have already consulted; tell them you need an answer so you do not keep spinning your wheels consulting others. Have none of them given you any indication why they are declining the representation? www.galivanlaw.net#N#More

Christine Coffman Karr

It is difficult to answer your question without knowing more details. It may not be as "clear cut" as you believe, and what you believe is forgery is actually difficult to undo. So, I cannot tell you why several attorneys have declined to become involved.

David Matthew Gotzh

Many reasons, some private, some professional. Each attorney has his/her own checklist. I'll tell you my criteria:#N#1) Based on the facts and law, is there anything I feel I can do? If no, then I decline.#N#2) Is the client able to cover the legal costs. If not, refer them to legal aid...

David Raymond Mahood

Absolutely, an attorney has the right and free will to refuse to represent anyone. There are many reasons an attorney might decide not to represent someone: lack of money, conflict of interest, conflict of personalities, the attorney might not believe in the case or might not trust the client, etc., etc.

Jay Bodzin

Yes, a lawyer can refuse to take on any client they don't want to. Not only that, but lawyers are required to refuse to take on some clients.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What is the role of a lawyer in a client?

A lawyer must be able to communicate effectively with a client . When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

Is bankruptcy easy to handle?

Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.

What happens if you miss a bankruptcy filing deadline?

You might have to provide additional forms or documents with the court or the trustee, too. Your attorney will make sure to do so promptly because missing a bankruptcy deadline can cause: 1 delays in the process 2 dismissal of your case, or 3 other adverse consequences.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

Can you file for bankruptcy if you have a judgment against you?

It’s much easier to take care of a debt in bankruptcy before you lose a lawsuit and receive a money judgment. Even so, if you already have a judgment against you , filing for bankruptcy can still help. In this article, you’ll learn what bankruptcy can do to help with civil lawsuits and judgments.

Can a bankruptcy judge lift an automatic stay?

The plaintiff can ask the bankruptcy court to lift the automatic stay and allow the case to go forward, and the bankruptcy judge might agree to do so if the litigation outcome won’t affect bankruptcy creditors—for instance, if the government seeks penalties that aren’t dischargeable in bankruptcy.

Can a judgment go away in bankruptcy?

Some Judgments Don’t Go Away in Bankruptcy. If the court finds that you committed a wrongdoing (something other than failing to pay a bill) bankruptcy won’t help. You won’t be able to discharge money judgment resulting from: embezzlement or fraud. death or injury of another as a result of driving while intoxicated, or.

What happens if you don't pay your credit card bill?

If you don’t pay your credit card bill or some other debt, you can expect your creditor to take you to court —especially if you owe a significant amount of money. Most creditors (but not all) must file a lawsuit and get a judgment before taking additional steps to force you to pay what you owe through collection tactics that include emptying your bank account or deducting money from your paycheck.