Attorney Lawsuit following Chapter 7 Discharge

[Bigbobkdallas]

Someone please tell me there are Rules Lawyers must follow and that our attorney who joined a firm in the last days of an old course of action has crossed the line:

1) My wife hired an attorney in 2008 for 3 seperate causes related to:
- Theft of Real Property - Lack of Deed Diligence in major unrequested loan/lein - Theft by default of a person cash loan.

2) We made generous installments and won all 3 causes, but had depleted our savings paying attorneys fees. (Over $43 thousand of $50 thousand total was paid) the attorney added $4K at the end without permission and tried to get my wife to sign a Pomissory Note based on a property she owns with a Tax Value of $72K...but we disagreed with his value of the popery and refused to sign.

3) My wife had to file Chapter 13 in 2010 to try and save her homestead...but after all of her debts (prior to our union) were combined we could not pay the Monthly Fee plus mortgage or food for that matter....so she had to flip the bankruptcy to a Chapter 7 and lost the home of 20 years in the process. (Mortgage Company Issue many suffered from a few years ago)

4) We actually wanted to keep this attorney out of bankruptcy but were forced by the Court to include this debt. The Judge agreed to consider the real property that was made whole and included in the bankruptcy as payment for the debt...but he declined to address the attonreys claims seperate from any other debtor.

5) In March 2012 of this year, after nearly 2 years, my wife finally received her Discharge Chapter 7 (The process got confused with the charge from 13 to 7)and within 6 hours the old attorney petitioned the Bankruptcy Court to have his Discharged debt re-instated. This attorney purposely had the service sent to the old address we didnt live in and did not have service made to the bankruptcy attorney she had hired...in a successful effort to gain a default signature from the Bankruptcy Trustee to allow the attorney to file a lawsuit against her in Texas District Court for an amount in excess of $34K..For fees levied during the time it was on hold and in the hands of the bankruptcy court.

6) We were notified of the lawsuit by service to our bankruptcy attorney, funny they knew to get the right address and correct attorney after the Trustee had signed off.

7) The total $10K was included in the Chapter 7 Discharge.

* How can they do this? Is there something we can do? Can we subpeona the Trustee or do something there to possibly reverse the initial cause?

Suggestions Anyone???

[AFFA]

I wish to inform you that a motion seeking relief from court judgment can be made by you. As you were not served therefore you can argue that you have not got opportunity to represent. Further an attorney works as per the code of ethics provided by Bar Association. If lawyer has violated any rules or regulation then a complaint to Bar Association can also be made.

AFF

[Friend In Court]

Get back with your bankruptcy attorney and pose the question to him as well as whether the other attorney's actions might constitute violation of the Disciplinary Rules. Your bankruptcy lawyer knows best the facts as well as whether or not the attempted reinstatement is legal.

[jasonblack]

Bankruptcy is a very devastating situation and most of the people are not hand on with the legal terms and procedure. In such a case, it would be wise to hire a bankruptcy attorney.

[jacobs8891]

Originally Posted by Bigbobkdallas Someone please tell me there are Rules Lawyers must follow and that our attorney who joined a firm in the last days of an old course of action has crossed the line: 1) My wife hired an attorney in 2008 for 3 seperate causes related to: - Theft of Real Property - Lack of Deed Diligence in major unrequested loan/lein - Theft by default of a person cash loan. 2) We made generous installments and won all 3 causes, but had depleted our savings paying attorneys fees. (Over $43 thousand of $50 thousand total was paid) the attorney added $4K at the end without permission and tried to get my wife to sign a Pomissory Note based on a property she owns with a Tax Value of $72K...but we disagreed with his value of the popery and refused to sign. 3) My wife had to file Chapter 13 in 2010 to try and save her homestead...but after all of her debts (prior to our union) were combined we could not pay the Monthly Fee plus mortgage or food for that matter....so she had to flip the bankruptcy to a Chapter 7 and lost the home of 20 years in the process. (Mortgage Company Issue many suffered from a few years ago) 4) We actually wanted to keep this attorney out of bankruptcy but were forced by the Court to include this debt. The Judge agreed to consider the real property that was made whole and included in the bankruptcy as payment for the debt...but he declined to address the attonreys claims seperate from any other debtor. 5) In March 2012 of this year, after nearly 2 years, my wife finally received her Discharge Chapter 7 (The process got confused with the charge from 13 to 7)and within 6 hours the old attorney petitioned the Bankruptcy Court to have his Discharged debt re-instated. This attorney purposely had the service sent to the old address we didnt live in and did not have service made to the bankruptcy attorney she had hired...in a successful effort to gain a default signature from the Bankruptcy Trustee to allow the attorney to file a lawsuit against her in Texas District Court for an amount in excess of $34K..For fees levied during the time it was on hold and in the hands of the bankruptcy court. 6) We were notified of the lawsuit by service to our bankruptcy attorney, funny they knew to get the right address and correct attorney after the Trustee had signed off. 7) The total $10K was included in the Chapter 7 Discharge. * How can they do this? Is there something we can do? Can we subpeona the Trustee or do something there to possibly reverse the initial cause? Suggestions Anyone???

I would suggest you to contact an Expert bankruptcy attorney and tell him all the details. You should search for good bankruptcy attorneys and then leave the rest to them.

[Jenny013]

I would like to suggest some better solution to find extra ordinary lawyers......

[link removed by admin]

[davedavid]

You wont lose your bank account, you do need to have under a certain amount in there though when you file. The state I'm in, at the time of filing you can't have more then $150.00 in your checking account. Before you even file for bankruptcy.