Legal Question in Bankruptcy in California

Mid 2008 my husband hired an attorney to file bankruptcy for us. My husband became disabled so we paid $1200 to lawyer, gave him papers but the bankruptcy was not filed right away because of my husband's medical issues. Then we contacted attorney, paid $500 to have papers brought up to date and was in the process of following through with the bankruptcy. In Feb 2009, my husband was killed in an auto accident. I contacted the attorney, he told me ok to hold off for a while. Then my mother died 6 months after my husband. It was a very tragic year. Now creditors are harrassing me. I have, over several months, left notes for my attorney telling I am now ready to file. He has not called me. His phone is no longer in service. His office still has his name on the door. I got a letter from a creditor that they are going to sue me. I dropped a copy in the lawyers mail slot. What do I do? I do not have money for another lawyer.


Asked on 10/28/10, 4:49 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You can look on the State Bar of California's website to find the attorney's current phone number and perhaps his e-mail address. It sounds like you probably need a different attorney to do your bankruptcy. Get the bankruptcy started, and then take appropriate action to obtain a refund.

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Answered on 11/02/10, 5:07 pm
David Gibbs The Gibbs Law Firm, APC

First, I am so sorry to hear about the difficulties you have experienced during the past year or so. Attorney Cohen is correct - you will want to contact the State Bar first, and ensure that the attorney in question is still in fact practicing, and second, hopefully obtain some updated contact information to reach him. If that fails, then hire a new attorney to review and get the bankruptcy started as soon as possible. Be sure to list in your bankruptcy as an asset the right to receive a refund from the first attorney, and be sure it is exempted from liquidation by the Court. You want to preserve the right to get that money back.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 11/03/10, 9:10 am


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