Legal Question in Bankruptcy in California

Re: bankrupty effects on a creditor

Wow. This is convoluted. Typically, a non-asset bankruptcy forecloses recovery on an unsecured debt. Did the first attorney provide you with information regarding the bankruptcy? If your debt was procured through fraud, that's a different story. If the bankruptcy actually were filed and you were a typical unsecured creditor, it might be wise to negotiate with the first lawyer to dismiss the case waiving costs. Good luck!

Re: bankrupty effects on a creditor

In a legal malpractice case, you'll need to provide not only that your attorney's conduct was negligent but that the judgment was collectible.

Legal malpractice cases require expert testimony. First, you need an attorney to testify if that your first attorney's conduct fellow below the standard of care. You will also need to show what you should have been able to recover but for the first attorney's negligence.

Proving your case sounds difficult. If it was a no-asset case in California, the debt would have been discharged even if you weren't notified in nearly every case. If the debt was fraudulently incurred, your attorney might have been able to file an adversary proceeding for an order determining the debt to be non-dischargeable. You would still need to be able to prove that your first attorney could have actually collected on the judgment.

If the bankruptcy was an asset case, then things get a little trickier. The debt would not be discharged unless you or your attorney was notified. If your attorney was notified, you might have missed out on a small distribution.

There are many more issues to discuss, but it sounds like you have an uphill battle.