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.
3 Answers from Attorneys
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.
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.
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