Legal Question in Bankruptcy in Georgia

An attorney's office has filed bankruptcy without our authorization or payment - they admit it was their mistake, but said we need to sign a Voluntary Dismissal - which we do not want to do, because then it says we intended to file the Bankruptcy in the first place! We are in the middle of a loan modification which it will go to - plus our debtors, which we have been paying! This is going to cause us a HUGE mess on our credit and who knows what - HELP! They just filed Saturday - and we met with the local office today - we did not sign anything.


Asked on 12/06/10, 2:36 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You need to see another competent and qualified BR lawyer in your area to fix it, including requesting that the initial filing be stricken from the court docket.

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Answered on 12/11/10, 2:47 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If an attorney filed a bankruptcy without your signature they committed as serious crime.

Do several things:

(1) File a complaint with the state bar. The attorney can and should be disbarred.

(2) File a complaint with the US Trustee and send a letter to the Trustee and the bankruptcy judge advising them you did not sign the petition, want to case stricken from the docket and want the attorneys disciplined. The court will bar them from filing bankruptcies.

(3) Hire a malpractice attorney to sue the lawyer for damages.

Such behavior is inecusable and the attorney should be disbarred (and could go to jail). Do not sign what they drew up.

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Answered on 12/11/10, 4:27 pm


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