Legal Question in Bankruptcy in California
If i paid an attorney to file my bankruptcy should i be redlining the 50 pages of the incomplete filing documents after i sent them every possible piece of paper to verify the correct information and process so that it can be filed with the courts? can i get my money back if i agreed to pay them for a fully prepared non refundable flat fee to have the attorney prepare my case and i have never spoken to the man and his paralegals are doing less than acceptable preparation of my filing?
2 Answers from Attorneys
You should write to the U.S. Bankruptcy Judge handling your case, and tell him or her what you told us. If you do not know the name of the assigned judge, write to the U.S. Trustee in care of the nearest bankruptcy court. For more information go to www.canb.uscourts.gov
Fling a voluntary petition is a cooperative effort between attorney and client. The client has unique knowledge of their own facts. Paying an attorney fee does not relieve the debtor from being accountable for the full content of their petition, which the debtor must approve and sign under penalty of perjury. An attorney's assignment of "homework" to the client is a function of due diligence. It is fair to seek an amicable resolution and continue the process in the interest of obtaining the desired end: relief from debt.
Important disclaimer:
Unilateral written communications may be incomplete or misconstrued. This answer is not legal advice and it is based upon the limited and partial information provided in the question. This answer is general in nature. It is strictly opinion and legal opinions differ and some may be incorrect. This reply does not create legal representation and does not create an attorney-client relationship (or retainer). The information herein should not be relied upon in determining whether or not to take or refrain from any action. Only an attorney that agrees in writing to represent a person is capable of giving legal advice in response to a question. Such a hired or retained attorney is in a unique position wherein he or she can clarify the questions, determine and avoid conflicts of interest and gather all the information necessary to give an informed answer. A retained attorney is in a unique position to follow up on their legal advice and adapt/correct it as circumstances change or new information or knowledge comes to light. All individuals are urged to retain competent legal counsel before filing for bankruptcy. Errors in completing and filing a bankruptcy petition can have disastrous consequences.
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