Legal Question in Bankruptcy in Florida

I filed CH 7 in December 2010 and was discharged in March 2011. In my bank I gave intention of relinguishing my home. My attorney told me that I could help the process of signing the deed over in lieu but did not stress whatsover that I should stay on the bank to accomplish this. 18 months later I have heard nothing but have since learned that I could be held responsible for post judgement HOA fees. I am absolutely furious that my attorney never advised me of this possibility which I now feel should have been automatic to let me know that even though I am discharged from my bank, until I get the bank to get the deed out of my name I could be responsible for HOA fees. I want to sue my attorney for absolute negligence. Do I have a case? At the very least I want to report her to the State Bar. Any suggestions? I paid her $2500 to be my legal advisor and she neglected to tell me the possible repurcussions of not getting the deed out of my name. Shouldnt she have known this? Is this malpractice? Thank you


Asked on 10/30/12, 12:03 pm

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

Your attorney was hired to get you out of the debt you had incurred prior to filing bankruptcy. This debt was incurred after you filed bankruptcy. It is post petition debt. It is not malpractice.

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Answered on 11/09/12, 8:27 am


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