Legal Question in Bankruptcy in Florida

Had counsel when I filed Bankruptcy, nothing filed, no claims made. Possible fr

I was involved in a car accident in Feb. of 1998 and retained an attorney shortly after. Many years went by and I had no contact with this attorney, or the firm regarding this case.

I filed my bankruptcy in March of 2000 and it was discharged in August 2000. In November 2000 I was contacted by this firm wanting to ''close this case'' that they haven't even, to my knowledge, been working on. Apparently, they started collecting my doctors bills and records. I did not report this as an asset on my bankruptcy because I had not heard from this firm and had no idea what was going on with this ''possible'' suit. I am concerned that if any money is collected, that this may be considered fraud. I desperately need to know how to handle this situation. Should I drop this lawsuit? Should I amend the bankruptcy? Help!!!!


Asked on 3/07/01, 4:45 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Had counsel when I filed Bankruptcy, nothing filed, no claims made. Possibl

The potential asset belongs to the trustee. You should have scheduled the asset as well as the claims against it. If your 'accident' attys are closing the case with no recovery then your problems are minimal. If there is a recovery then the trustee must be notified.

Advise both attys of your situation. The bkc atty will know how to proceed so you have minimal exposure.

If you need further assistance you may contact me.

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Answered on 5/17/01, 3:05 pm


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