Legal Question in Bankruptcy in Tennessee

Filing Errors

I filed a chapter 7 bankruptcy in early 2004. Due to an error by my attorney's office the case was filed as a chap. 13. I was never informed of this error until I took off of work and went to a scheduled court date that I was not on the docket for. I then questioned what was going on and was given the run around by my attorneys office. I later found out the real truth from the trustees office. Paperwork sent from the attorneys office was for a chapter 13, but electronic information was for a 7. I was told that the courts had to go by paperwork rather than electronically filed information, although both were required. The chapter 13 case was never closed as an error, due to my attorney not doing what was necessary to get the issue resolved. I was informed by him that he would handle everything. I received a discharge letter stating that my chapter 7 was discharged and I thought everything was okay. I then later received a dismissal letter for the chapter 13 filing that was my attorneys error and I never authorized. Then to make matters worse in 2005 I received a letter vacating discharge of the chapter 7 due to him not paying fees. My credit history is a mess due to this. I can't purchase. Do I have grounds to sue my attorney?


Asked on 8/01/05, 12:38 pm

1 Answer from Attorneys

Autry Jones Jones & Landers, Attorneys At Law

Re: Filing Errors

I'd simply contact an attorney and file a chapter 7. I can help 423 266-4855

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Answered on 8/01/05, 10:05 pm


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