Legal Question in Bankruptcy in Michigan

I filed bankruptcy, upon retaining & speaking to my lawyer in the middle of April, it was made very clear that I was making a payment to my brother for a loan he got to help me pay off credit cards back in 2007. I at the time was reassured this would not effect the bankruptcy or involve my brother. Upon filing in Aug. (after a week of turning in my paperwork & paying my fees) I received a call from their law office asking me "who was the money being paid to for that loan?" I told her my brother, he got it thru Capital One but I pay him (just as I said from day one). The next 2 days my lawyer was on the phone to me saying she must have misunderstood that I was paying my brother & long story short - after talking to a trustee friend of hers she was telling me I would have to pay back $4335. for the payments of the last year (actually 9 months). My question is this ommission of information I should have been told in the beginning?? I feel I was mislead - now after not paying credit cards for 3 1/2 months & paying my brother $600.00 only in that time - she says I can go ahead, file & pay or maybe it would be overlooked OR wait a year make payments myself to Capital One & then refile = well NOT an OPTION!! As I said I am now past due on 6 credit cards & can't afford them anymore now than before I thought bankruptcy was my only unfortunate way out!! Please let me know if I have any legal rights for being mislead on this subject of my bankruptcy -- as for anything else - I have nothing the trustee would want for repayment ( 1997 car & 1973 Moblie home ) Can you help? What can I do? Thank you very much in directing me.


Asked on 8/08/09, 10:42 am

1 Answer from Attorneys

Brad Aldrich Aldrich Legal Services

This isn't really a bankruptcy question, it is a legal malpractice question. I recommend you re-post your question under that category, and will hopefully be able to find someone who can help you out.

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Answered on 8/14/09, 9:37 am


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