If my attorney didn't file my bankruptcy before my foreclosure sale date, how do I fire my attorney and ask for my money back? 3 Answers as of September 05, 2017

I hired an attorney to file bankruptcy in order to save my home. He assured me everything would be filed on time. I called the days leading up to the sale date to make sure it was properly filed. He assured me it was and he would send a confirmation the next day. I couldn't locate my bankruptcy case so I became uneasy. I didn't hear from him until 10 days later. By then, I found out that my house was foreclosed and posted on an auction website. After multiple emails and phone calls, he finally emailed me that the bankruptcy wasn't filed. He told me he could do it right away. Of course, I don't want him handling anything for me anymore.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can file a complaint with the State Bar against him. You can see another attorney about filing a malpractice action against him. He has to give you back your money.
Answer Applies to: California
Replied: 9/5/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you hire a replacement attorney, no doubt the first attorney will gladly sign a document called substitution of attorney. Otherwise, you can file a motion to remove your attorney and have the court act to fire him. Getting your money back may be a bit more complicated.
Answer Applies to: Nevada
Replied: 9/5/2017
Law Office of Kimberly Fives | Kimberly Fives
Since he hasn't filed for you just ask for your money back. If he made commitments to you he didn't keep and you have documents/communications to support your claim you can file a complaint with the California Bar Association: it won't get your money back, but it might make him more diligent in the future.
Answer Applies to: California
Replied: 9/4/2017
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