Legal Question in Bankruptcy in Maine

bankruptcy

I filed bankruptcy, the atty. i hired neglected to list a debt to my ex- instead incorrently listing her atty. I was charged with contempt and ordered to pay the incorrectly discharged debt. I filed with the Board of Overseers who found him, and he admitted to have been wrong, now I want to sue in Small Claims for that amount, he has hired a atty to defend himself. I cannot afford an atty. The one I cantacted wanted 1/2 of any money I was awarded. What do you think. I have the Board report where he admits the violations they found against him. Is that enough?


Asked on 8/26/08, 1:00 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: bankruptcy

I do not know enough about the facts to answer the question regarding a possible small claim case, but I am curious as to why the Bankruptcy case was not re-opened to correct the error? I am also curious as to what the Overseers of the Bar can still do to faciliate a settlement. If the malpractice is as clear-cut as you indicate I would think it should not be necessary to file a suit to collect. However, if it is, then I would think an admission by the attorney or a finding by the Board of Overssers as to the malpractice would establish liability and the only issue for the Court would be the actual damages.

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Answered on 8/26/08, 1:11 pm


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