I paid a lawyer to file bankruptcy, my case was dismissed failure to file all docs within 14 of filing petiton?
When I called and asked what happened, They told me that all necessary docs were filed and they have copies of everything that was filed and the copies show the court stamp as being filed, even the doc that the court said was not filed.
Then I was told that it was a court error. She told me she spoke with the court supervisor and was told that even if it was a court error,if i want to refile, I have to pay the full filing fee again.
They want me to pay for refiling, I disagree it is not my fault that the court files are incomplete.
Can the court make me start all over even though we can show them a copy of the missing doc which bears the courts "FILED" stamp?
Since I paid the lawyer to do the filing isn’t it the lawyers responsibility to guarantee her services since I provided all the information necessary for the filing? Isn’t it her responsibility to pay the filing fee to start the process all over again? Or should the court have to accept a copy of the "FILED" missing doc to complete the file and reopen the case without charging the full refiling fee/
this mistake
My lawyer has told me that I have to pay the filing fee again even though I am filing BK because I can’t pay my mortgage, I am in foreclosure, and I am currently not employed… I need what few $ I have.
If the lawyer blew the statute and failed to file your complete petition within the time frame provided she has arguably committed malpractice of law and should be reported to the state bar association. The bar in most states maintains a client trust fund you may be able to recover some of your damages from, and you should certainly make a malpractice claim with that same entity
July 4th, 2010 at 2:14 pmThe key problem that you face is the status of the petition itself, because if the petition is cancelled the automatic stay will lift and the lien holder can foreclose on the property. I would suggest taking the stamped copy of the document you refer to and see if the court will accept that as completing the file. In the alternative, for the sake of saving your home your only alternative may be refiling the petition and requesting a payment plan for the filing fee.
You did not say what your lawyer’s response to this situation has been. If he will not file for you again, then you should post your question, but since you have a lawyer representing you, it is up to you and him how to proceed.
July 4th, 2010 at 2:14 pm