Sue My BK Lawyer?

Discussion in 'Credit Talk' started by tonyd, Oct 1, 2003.

  1. tonyd

    tonyd Well-Known Member

    Anyone know if I can sue my BK lawyer??? :), or if it's worth it, for him filing a raffirmation agreement AFTER the case was discharged, discharging the debt I wanted to reaffirm? I did not know this until a few weeks ago, that a personal loan I thought I reaffirmed was, in fact discharged. Of course the bank kept taking my pmts no questions asked!! but he filed the paperwork 4 days after the case was discharged. But is there a SOL on suing my BK attorney :) for not doing his job right? I know ya'll are saying the BK f*d up my CR's enough but this was and has been 1 extra ding (nasty one, to boot)on my CR's that has been with me, (unknown to me of course) for that last 2 years. It was not supposed to be there. I am in the process of getting it corrected on my reports, but should I go further? Any advice is appreciated! I feel sue happy!!
  2. SDBoy

    SDBoy Well-Known Member

    What did your lawyer give for a reason that he did what he did. My suggestion is to talk to an atty, not a bunch of internet users.
  3. tonyd

    tonyd Well-Known Member

    Thanks for the suggestion dude, but I have gotten a lot of GREAT advice on this forum in the little time I have been here...just wanted opinions from the same sources b4 I go hopping around looking for a lawyer. ;) And besides, once a BK debt and case is discharged, a judge will not (or is not supposed to, at least) allow a reaffirmation. My BK attorney should know this, and I am sure figured I would not notice, and I did not until I started cleaning up my credit reports a few weeks ago.
  4. zipper

    zipper Member

    I had almost exactly the same situation, except my problem was not with the attorney but the creditor. Creditor that I was reaffirming did not get the paperwork to the court prior to discharge. All is not lost however.

    Have your attorney vacate the discharge in order to enter the reaffirmation and discharge again. Mine was done in in one court appearance, no problems.

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