What can we do if our attorney failed to convert our file to a chapter 7 bankruptcy? 22 Answers as of January 13, 2012

If he fails to come through and the case remains dismissed, you can report him to the arm of the state's lawyer regulation responsible for handling ethics violations. In Wisconsin, that's the Office of Lawyer regulation. I do occasionally (once in a blue moon) read about lawyers who get disciplined by the OLR for just such a thing as has happened to you here. Good luck!

Write to him and demand action by a certain date or that you will make a Complaint to the State Bar.

The question is whether the bank foreclosed when the case was dismissed. If not you can refile a chapter 7 or reopen the ch 13 and convert to ch7.

If a case is dismissed before the motion to convert to Chapter 7 is filed, it is possible to file a Motion to Vacate the dismissal. Your attorney would have to explain in the motion the reasons why the the conversion or a request for more time were not filed in a timely manner. The court may deny this motion. You could file a new case as a Chapter 7; however, this would be more expensive that a Chapter 7. As it seems to be your attorney's fault the conversion was not filed, he should offer to make up this difference for you in my opinion. You should be aware however that some things were required of you in order to convert the case payment of filing fees and attorneys' fees, new budget and proof of income, recent tax returns and lists of new creditors. Finally, you need to read and approve the amendments to be filed with the motion. If these things were requested and not provided this would be why the conversion was not filed. You mention you are about to lose your home. This is not likely a result of failure to convert your case to a Chapter 7. If you were saving your home via the 13 (that is making payments on mortgage arrears through the plan) and planned to convert to a Chapter 7, you should have been prepared to lose your home or to immediately come up with the cash to bring the mortgage current. Chapter 7 does NOT help you save your home from foreclosure. I suggest you call your attorney for an appointment to sit down immediately and discuss the situation and to figure out how best to proceed. If you do not get an immediate appointment, start calling other attorneys immediately.

If should have been "no big deal" as it take little paperwork to convert a case from Chapter 13 to Chapter 7. Depending on what bankruptcy district you are in, the attorney may be able to get the case reinstated, which is the best for you. Otherwise, you would have to file a new Chapter 7 case, which requires a new filing fee, which the attorney should pay as it would not have been necessary had the attorney been diligent, and the attorney will have to file a motion to continue the automatic stay as the automatic stay is in effect for only 30 days if there is a second filing within one year. You do know that a Chapter 7 will only delay, not stop a foreclosure unless you cure the delinquency. The Chapter 13 has provisions to cure the delinquency, a Chapter 7 does not.

It does sound like he dropped the ball but don't worry he can most likely get the case reinstated, unless your creditors object claiming prejudice.

Immediately file a new ch7 - and you must file a motion (and have it heard with 30 days) to keep the automatic stay in place. otherwise the stay will expire 30 days after the filing. The foreclosure was continued while you were in ch13. Call the number on the notice of sale, (automated line). type in the "TS" number top left hand part of the page - to find out new foreclosure sale date. If you had a sale date pending when the ch13 was filed, you must act now.

If your attorney responds in a timely fashion, he should be able to reinstate your case before anything irreversible occurs. You should talk with him about it and proceed if you still have confidence in his abilities.

You can retain a new attorney and have him/her file a motion to reopen and then convert to a chapter 7 or you would have to wait for 180 days from when your case was dismissed to refile.

It is not a common situation, but generally, as long as he doesn't wait too long, he probably can get it reinstated and convert it. If you are converting to a Chapter 7 and your house arrears wasn't caught up, then you would lose your house either way. The creditors should go away as soon as he gets reinstated and converted. Hopefully immediately. Good Luck.