If I believe the attorney made an error when filling my bankruptcy, is there anything I can do to fix it? 11 Answers as of December 21, 2012I filled for bankruptcy some time ago and owned two homes (my primary residence and a rental property). Initially, I requested that the primary residence be retained and the rental property be surrendered. After some time and reviewing the paper work I discovered that the lawyer flip/flopped the properties. When I called the attorney he said it’s all done and over with.
Marc S. Stern | Marc S. Stern
What is the question? If you filed a Chapter 7, the debts are discharged and the case is closed, it is over. If it is open for some reason or you are in a Chapter 13, this answer might be different. There is a difference between getting a discharge and having the trustee issue a no asset report and the clerk close the case. The discharge means that the debts are discharged. The No Asset Report and clerk closing the case means that the trustee has decided not to administer anything and anything that was listed, albeit in the wrong category, is abandoned.
Answer Applies to: Washington
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Keep paying on the one you want to keep, stop paying on the one you want to let go of. Eventually the lender on the rental will foreclose. Watch out for code violations on the rental. Sine your bankruptcy is over, there is nothing to fix.
Answer Applies to: California
Richard L. Hirsh, P.C. | Richard L. Hirsh
There is a procedure to re-open a case and make changes to your schedules. In this case it is not justifiable and the court might well deny a motion to re-open the case for these reasons. You do not say whether you reaffirmed either of these mortgage notes so I cannot include that issue in this comment. I all likelihood if you continue making payments on the property you wish to retain, you will not have a problem and the other property will be foreclosed in due course. T
Answer Applies to: Illinois
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Whatever was indicated in your Statement if Intentions my not be if any consequence. The questions that would matter have to do with whether there was equity in either property and which loan you continued to make payments on. You do not say what, if any, consequences you have experienced due to the confusion. Nor do you state why you also missed this error when you reviewed and signed your court documents before they were filed at court. Your signatures were under penalty of perjury that everything was correct.
Answer Applies to: Colorado
Dan Wilson Bankruptcy | Dan Wilson
Was it a Ch 13 or a Ch 7? If it is a 13 you need to modify the plan. Hire another lawyer. Its probably not that big a deal. If you are in Ch 7 it may not make any difference. Let the rental go into foreclosure and keep making payments on your residence. Don't reaffirm.
Answer Applies to: Colorado
The Law Office of Darren Aronow, PC | Darren Aronow
If you did not surrender the house that you live in, then what is the damage? Just because your statement of intention was to surrender, did you surrender? You can always reopen your case to amend that but not sure if that is worth doing or not.
Answer Applies to: New York
Weber & Phillips, P.A. | John G. Phillips
A case can be reopened but ultimately, it may not need to be. Ask the attorney for a better explanation of why they think nothing needs to be done. It could be that the "error" didn't ultimately make any difference in your retention of the property. If that attorney can't or won't explain it to you, you can ask another attorney or possibly the bankruptcy court itself for an explanation.
Answer Applies to: Arkansas