0
What recourse do you have against a bankruptcy lawyer if he did not act when a motion for relief from stay was filed?
Wiki User
∙ 19y ago
The best bet is to start by talking to your attorney. (S)he may have a valid reason. If the reason is useless, then I would start by finding another attorney. File a grievance w/ the local bar and possibly file suit against the first attorney. BEFORE you do any of that though, you should probably talk to another attorney about filing a Motion to Reinstate Stay.
Wiki User
∙ 19y ago
Add your answer:
Earn +20 pts
If your lawyer fails to file a motion to avoid a property lien during the bankruptcy hearing can this be fixed?
Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.
Can you but a car before filing bankruptcy?
Selling or otherwise transferring an asset in anticipation of bankruptcy can cause issues. See a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can new debt be collected after bankruptcy?
Yes, the debts protected under a bankruptcy proceeding are enumerated when bankruptcy is filed. Any debts accrued by the bankrupt party in the future are not protected by a previously filed bankruptcy.
Why would a lawyer motion to withdraw as counsel and say that further representation may create the appearance of an impropriety at the least if not an actual conflict of interest for myself?
There can be many reasons. If, for example, your lawyer had other clients who had the same or a similar claim as yours against the same defendant and there was concern upon acquiring a judgment as to the sufficiency of assets owned by the defendant, the lawyer could not take further action to collect or execute upon the judgment without prejudicing the other client. Likewise, if the other client wanted the lawyer to chase his judgment or perhaps to file a bankruptcy, the lawyer could not do so without prejudicing your interests. In such a case the lawyer might have to withdraw due to conflict of interest.
What are the reasons a lawyer can use a motion to dismiss during a hearing?
A lawyer can use a motion to dismiss during a hearing for a number of reasons. One of the reasons a lawyer can use a motion to dismiss during the hearing is if the plaintiff (the person who brings the suit to court) fails to present a valid and legal claim for the case.
Where can I find a sample form for a Motion to reopen a chapter 13 bankruptcy plan in Pennsylvania?
on a motion to reconsider what information is needed in the motion area
Does filing bankruptcy delay motion to modify custody cases?
Probably not.
What do you do when a lawyer freezes your account and has a judgment against you?
If you owe the money, make payment arranges so they don't make continous efforts to freeze your accounts. If you need the money that was frozen to meet basic necessities like rent, file a timely claim exemption with levying officer to see if you can get some of the money back. If the judgment was obtained fraudulently, retainer a lawyer and file a motion to set it aside. You might also consier file for bankruptcy to void the debt.
How do you write a motion to dismiss an old IRS tax debt and include it on my bankruptcy?
If there is a judgment in a court for the IRS debt, you do not need to file a motion to include it in your bankruptcy. If the tax due was determined more than 3 years before the filing date, you include it in your Schedule F. If you have already filed your bankruptcy documents, you need to file a motion to amend Schedule F with the bankruptcy court. If the case has been closed, you will need to reopen the case, paying the filing fee, and then your motion to add the debt.
What is relief of stay?
Filing a bankruptcy automatically "stays" almost all actions against the debtor. It gives the debtor a temporary hiatus from actions by creditors although it is not permanent and as the procedure progresses the debtor's property may eventually be distributed. A creditor's lawyer, especially a foreclosing bank, can seek a "relief from stay" by filing a motion with the court. If the motion is granted the creditor can go ahead and foreclose on the property and sell it to satisfy its debt. That usually happens when there is no equity in the property.
What is of relief?
Filing a bankruptcy automatically "stays" almost all actions against the debtor. It gives the debtor a temporary hiatus from actions by creditors although it is not permanent and as the procedure progresses the debtor's property may eventually be distributed. A creditor's lawyer, especially a foreclosing bank, can seek a "relief from stay" by filing a motion with the court. If the motion is granted the creditor can go ahead and foreclose on the property and sell it to satisfy its debt. That usually happens when there is no equity in the property.
What can you do about a default judgment?
Depending on your states SOL for doing so, you can file a motion to vacate the judgement. But you should have an absolute reason such as, you weren't properly served, or the debt was beyond the SOL for legal recourse, or you have an absolute defense against the complaint.
