Legal Question in Bankruptcy in California

Re: bankruptcy filed in error

INSIST that your attorney completely correct his/her mistake at no additional fee or cost. You wrote "they say" ... Do not talk to staff -- talk to your attorney.

Re: bankruptcy filed in error

I'm not totally clear what you mean by "it was a error, not a dismiss." Was the duplicate case dismissed, or do you still have two pending? I agree with attorney Gorski - this is possibly legal malpractice, and you should insist that they correct the problem 100%, and at no charge to you, or you will file a complaint with the State Bar and sue them for malpractice. That being said, I don't know that two bankruptcy filings on your credit report, close in time, makes a huge difference in your credit score. For that answer, you would need to consult with someone expert in the FICO credit scoring models. I'd be more concerned about the potential for a denial of discharge or dismissl of both cases for abuse. Even though it was inadvertant, it needs to be corrected before the U.S. Attorney's office gets a hold of this and decides they want to deny you a discharge entirely.

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