Legal Question in Bankruptcy in Florida

kelly, etal -vs- shaffer, etal

our attorney retired to have babies in Sept. '03. In Oct. '03 at her office we were notified of one party in this suit's upcoming bankruptcy hearing in GA and we were named as debtors, it was signed for in her office by someone, we were never notified. Have called the bankruptcy court in Rome, GA and learned the above. We received judgment in default and lost everything we had previously. Question is does our attorney have an obligation after retiring and accepting this notification to advise us, at least let us know that it existed? We were never notified and because of this party was able to declare bankruptcy without our being aware. Also, no les pendens was ever put against the property in question that they sold during the period of time it was in litigation for a very nice profit, it took 4.5 yrs to get a judgment and during that time they have managed to hide everything from us for collection it seems like.


Asked on 3/25/04, 3:10 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: kelly, etal -vs- shaffer, etal

Without reviewing the appropriate paperwork and Court orders it is not possible to postulate on what transpired. It seems you may have been injured, but as I said, at this time I cannot provide you with a meaningful reply.

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Answered on 3/25/04, 3:25 pm


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