Do I have a malpractice claim?
I have a bankruptcy pending. Just before the filing we decided to include a car loan in the petition and my brother would buy me a car & put it in my name(the title to the car i was paying the loan on was in my husband's name & we are divorcing so there was no guarantee that my husband would give me title to the joint loan that i was solely making payments on. I gave my lawyer the loan papers on June 15, told him to file the papers and again asked him if it was alright to buy the car. He told me to stop worrying and let my brother buy the car. The car is bought on June 18, the petition does not get filed until June 23, now there is a problem with the car and I will lose $5,000.00 of my homestad exemption. Was there legal malpractice here?
1 Answer from Attorneys
Re: Do I have a malpractice claim?
I can not tell from your question whether you have a claim or not. I can tell you that there is little chance that any attorney will take a malpractice claim for $5000.00 on a contingent fee basis, and put the time and work needed into such a claim. I have litigated against several attorneys and it takes a great deal of effort.
You need a second opinion from an attorney who practices bankruptcy law, near you.