Legal Question in Bankruptcy in Illinois

attorney mistake - is he liable

I filed bankruptcy in 9/01. I completed the form requested by my attorney then added additional creditors. There was an amendment to schedule F done listing a creditor that is now taking me to court to obtain his monies. I had never received the ''official'' order after the bankruptcy was discharged. Now I am being told this creditor was not on the discharged bankruptcy. What recourse do I have if the attorney left off a creditor that I show listed on my prepetition?


Asked on 4/30/04, 7:34 pm

1 Answer from Attorneys
Michael Perez Law Office of Michael A. Perez

Re: attorney mistake - is he liable

The rule in Illinois is any debt owed at the time of filing is discharged even if they were left out of the list of creditors. Your bankruptcy is a complete defense. Contact you prior bankruptcy lawyer and have him contact the suing party.This should be a no brainer.

Michael A. Perez

773 772-8989

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Answered on 5/01/04, 3:12 pm


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