how to file a complaint on a bankruptcy lawyer

If you have a complaint against an attorney, you may contact the Attorney Disciplinary / Grievance Committee. The office you need to contact depends upon the location of your lawyer's office.

Full Answer

Can I file a formal complaint against my bankruptcy trustee?

There may come a time when a debtor feels it necessary to file a formal complaint against the trustee handling the administration of her bankruptcy case. While a disagreement on legal issues will not usually provide the basis for a valid complaint, there may be grounds for a complaint if there are violations of the Bankruptcy Code.

Can a consumer file a complaint against a bankruptcy company?

While a disagreement on legal issues will not usually provide the basis for a valid complaint, there may be grounds for a complaint if there are violations of the Bankruptcy Code. In addition to code violations, a consumer may file a complaint for unethical behavior, discrimination or criminal activity.

How do I file an adversary proceeding complaint in a bankruptcy?

An adversary proceeding complaint is filed with the clerk’s office. Unless the complaint is electronically filed, it must be filed with a completed Adversary Proceeding Coversheet on Local Bankruptcy Form 1040 (which is identical to Official Form 1040). See LBF ADV for more information. Seeking legal advice is recommended

How do I file a complaint against an attorney?

Some states rely on their state bar associations to discipline their attorneys. You can find out where to send attorney complaints by looking at your state court system's website. If they review complaints against attorneys, there will be a link with instructions on how to file.

Can a bankruptcy petition be denied?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 bankruptcy case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.

What happens when a creditor disputes bankruptcy?

If the court grants a creditor or trustee's objection to a debt discharge, you'll remain responsible for paying the debt. Usually, when you file for Chapter 7 bankruptcy and make it through your meeting of creditors, you have nothing but smooth sailing ahead.

What automatically happens when a bankruptcy petition is filed?

The automatic stay means that a creditor cannot call you, send you collection letters, file a lawsuit, or otherwise attempt to collect its debt from you.

Should you seek legal advice when filing for bankruptcy?

However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

Can a creditor challenge a bankruptcy?

All creditors are also entitled to challenge the debtor's right to a discharge. Not all creditors are treated equally in a bankruptcy case. All creditors are entitled to share in payment from the bankruptcy estate, but only according to the priority of their claims.

How do you oppose bankruptcy?

No one can prevent a person from filing bankruptcy but a bankrupt's discharge can be opposed by the Office of the Superintendent of bankruptcy, a creditor or the trustee. It is rare that a person's discharge is opposed but it does happen.

Does the trustee monitor your bank account?

While your trustee will most likely periodically check all of your financial accounts such as your bank accounts, in order to ensure that you have enough money to continue making your bankruptcy payments, they are not permitted to touch any of your funds, other than the funds which are allocated for your secured loan ...

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

Can creditors come after you after bankruptcy?

Can a debt collector try to collect on a debt that was discharged in bankruptcy? Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

What debts are not discharged 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.

Who is the disinterested person in the bankruptcy case?

The term "disinterested person" is defined in the Bankruptcy Code to include one who is not a creditor and "does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or ...

What are three alternatives to bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

How to file a complaint against a trustee?

To lodge a complaint against a private trustee in a Chapter 7, 12 or 13 bankruptcy case, a consumer debtor may contact the U.S. Trustee Program field office in his region. Consumers can locate contact information for the appropriate regional office online on the U.S. Department of Justice website.

Who monitors bankruptcy cases?

Both the judge and trustee monitor the case from filing through discharge or dismissal. The trustee, however, will have a more active role in the administration of the case and its ultimate outcome. According to the U.S. Department of Justice, the trustee program serves as the "watchdog over the bankruptcy process.".

What is the role of a trustee in bankruptcy?

In every consumer bankruptcy case, a trustee is assigned to help facilitate the case. The trustee has a primary role in the administration of the case: the protection of assets and distributions to creditors. Because trustees play such a large part in a bankruptcy case, occasionally, other participants may object to the trustee's conduct.

What are some examples of inappropriate behavior by trustees?

Examples of inappropriate behavior by a trustee could include having a personal financial interest in the case, misappropriation of plan funds, or involvement in a relationship with a party to the case.

Is bankruptcy administrator the same as trustee?

While bankruptcy administrators are separate from the U.S. Trustee Program, they perform virtually the same duties. Questions about filing complaints in Alabama or North Carolina should be directed to the bankruptcy administrator in the district where the case is pending.

Can a trustee file a complaint with a state bar association?

Because private trustees are usually attorneys or CPAs and hold professional licenses in their state of practice, it might also be necessary to contact the state bar association or board of accountancy to file a separate complaint.

Can a trustee object to a bankruptcy?

Because trustees play such a large part in a bankruptcy case, occasionally, other participants may object to the trustee's conduct. If there is suspected improper conduct by the trustee, and a formal complaint needs to be filed, there are a few things to consider beforehand.

What happens if a complaint is found to be true?

If the complaint is found to be true, the disciplinary board can fine the attorney, force the attorney to attend classes or perform community service, or take away the attorney's license. The disciplinary board typically does not give the person who complained about the attorney any money.

What is the name of the board that handles complaints against lawyers?

In many states, a division of the courts handles these complaints. This is typically referred to as the disciplinary board . Some states rely on their state bar associations to discipline their attorneys.

What is disciplinary action for an attorney?

For attorneys, a disciplinary action is very serious as it can directly affect their ability to earn a living. It may be best to first try and resolve any dispute you have with the attorney on your own.

Do lawyers make mistakes?

Most lawyers do their most to provide the best representation possible. However, every so often lawyers do not act properly or make serious mistakes, and in those cases their clients can file a complaint with the entity responsible for overseeing the practice of law in their state.

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

How to recover money from a lawyer?

If you lost money or property because a lawyer did something dishonest, you may be able to recover it by filing an application with the Client Security Fund. But first you need to file a complaint against the attorney.

What happens if the review determines that the alleged facts establish a violation?

If the review determines that the alleged facts establish a violation, the matter will be investigated. Complaints and investigations are confidential. If, after investigation, the evidence does not establish a serious violation, the State Bar may issue a warning to the lawyer.

How to file a complaint online?

To file a complaint online: Access the online complaint form. Fill in the requested information and submit the complaint. Please allow several days for processing. You will be notified when your complaint is assigned to a consumer specialist and sent to the business. Complaints can also be filed by mail, fax, or email.

How long does it take to respond to a complaint?

The consumer specialist will send the business your complaint in its entirety along with a letter asking the business to provide a response to our office within 21 days.

How long does it take for a complaint to be sent to a consumer specialist?

After your complaint is received and processed, the Division will notify you through the mail or by email (if you provided an email address) within 14 days that your complaint has been assigned to a consumer specialist and sent to the business. If the business replies, a copy of their response will be sent to you.

What is the purpose of complaint mediation?

The intention of the complaint mediation process is to open the lines of communication between consumers and businesses; foster settlements acceptable to both parties; and to ultimately resolve the dispute before further action needs to be taken.

How long does it take to file a car warranty lawsuit?

Lawsuits must be brought within six months of: one year from the date of original delivery of your car or from the expiration of your expressed warranty, whichever is later. Consumers may file a complaint regarding a vehicle purchase with the Division of Consumer Affairs to have the issue mediated.

How much can an attorney general get for a restraining order?

The Attorney General could seek a temporary restraining order, temporary injunction, or permanent injunction, seek civil penalties up to $1,000 per violation, and/or negotiate and accept an assurance of voluntary compliance.

Can a division force a business to rectify a complaint?

The Division cannot force a business to rectify your complaint. Depending on the nature of the complaint and the payment method used, you may find assistance from your credit card company in disputing charges. Small claims court may also be an option to consider.

How to file a complaint against an attorney?

If you are having difficulty communicating with your attorney, you should consider the following before filing a complaint with The Bar: 1 Call the attorney’s office and leave a message for a return call. 2 If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested, requesting to be contacted within a specified (reasonable) period of time. If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes.

What happens if an attorney fails to respond to a letter?

If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes. The Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled unless the attorney is asserting a lien for fees.

What is the phone number for a Florida bar attorney?

If you feel you have been unfairly treated by a lawyer, call ACAP at 866-352-0707. For public record information regarding any Florida Bar attorney, send us an email.

What is the Florida Bar ethics hotline?

The Florida Bar operate s an ethics hotline for its members to offer guidance when a lawyer is unsure of the ethical obligations in a particular situation. Call 1-800-235-8619.

What to do if you don't receive a return call?

If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested , requesting to be contacted within a specified (reasonable) period of time. If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes.