Update

[lrprn]

We will all be sending all the positive energy we can your way on Monday, attila. Hopefully your case can be dismissed and refiled with your new lawyer. Like the letter to your incompetent first attorney - hope it does the trick and you get your money back.

Please do report your first lawyer for misconduct of the law at http://www.nbtanet.org/public/discipline/index.shtml . Scroll down to California and contact the CA State Bar in writing or on the phone. I have a feeling they will be very interested in your story.

Please let us know how things go for you on Monday - let's all pray for good news!

[attila]

So what my attorney told me after the hearing on the motion to dismiss that occurred on Wednesday is this:

The hearing was continued until next month. Tentatively the motion looks like it will be denied which is what the trustee wants. My attorney mentioned that what the trustee is really looking for is her fee. He sent her a letter proposing that my husband refinance the house to pay the debts in full but set a bar date for creditors to file claims and only pay those who file a claim. He told me the USDOJ attorney that I had met with was pursuing my previous representation. I had sent the letter asking for my $ back from the previous attorney and my new lawyer said it would be better for them if they returned my money. He also mentioned something about pursuing the previous attorney to pay my attorney fees (his?). I think we should also pursue him to pay the trustee fees since I should never have been advised to file chapter 7.

[lrprn]

Sounds like the tide is turning in your direction, Attila...good to hear. Keep us posted - we're all hoping your bankruptcy and fresh start happens for you at long last!

[attila]

Got a response from the trustee to my lawyer's request to allow us to refinance our home such that we could pay any claims made and for a bar date to file a claim be set. This was OK by the trustee. So I guess now we wait to see who files a claim and get the money out of the house to pay only those who file a claim plus the trustee fees.

And I have sent another letter to my previous attorney demanding my fees back. My current attorney intends to pursue the former attorney for his fees.

[justrock]

There is such a thing as legal malpractice. If your prior attorney did commit malpractice, and he has malpractice nsurance, you can sue him. You will never be able to do it pro se though.

[attila]

Two months to go until the bar date. One creditor has filed a claim so far. Husband obtained a home equity line of credit since I am not on the title to the house so we can pay any claims.

[attila]

Bar date passed finally. Attorney called me today to tell me that as of today there has been only $19K in claims filed. He is going to recheck it next Monday...as some may not be entered into the system yet.

God I really hope that is all that filed....