Legal Question in Bankruptcy in Connecticut

Credit Card Company Suing

We declared bankruptcy and one of the cards is suing us for an amount we cannot pay. Part of the problem is our lawyer did not look our paperwork over very well and by doing that did not convey to us potential problems which have now come about. This is not the only mistake the lawyer made which cost us dearly. The lawyer will not help us fix this matter and I think that they should - they took the money. The credit card co. is asking for years worth of very personal info is this legal? What are my rights with the lawyer? What can I do, I do not have the money to pay or I would not have had to declare bankruptcy.

Please any advice would be welcome.


Asked on 5/30/05, 2:19 pm

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Credit Card Company Suing

The basic question is did the bankruptcy petition list this debt. If so, it is easy to file an answer and indicate that the Bankruptcy Code discharged the debt. If not, then the debt may still be discharged if your case was the typical no asset case and no money was distributed to creditors. Under the law in Connecticut, and in the Second Circuit Court of Appeals the debt would be discharged even if not listed.

As to the help from your attorney. You have to look at the retainer agreement to determine whether he is obligated to help. If you feel that you have an ethics issue, then you have the right to file a complaint with the State Grievance Committee. Before you do that, I would suggest that you look at the retainer letter and discuss with the attorney that in you view he made a mistake and give him an opportunity to correct the matter.

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Answered on 5/30/05, 3:28 pm


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