Legal Question in Bankruptcy in Michigan

What legal steps can be taken if your lawyer forget to file the lease assumption.? I filed Chapter 7, but wanted to keep my car. But it was repossed because the bank states no Lease Assumption Agreement was filed. My lawyer is telling me all the necessary papers were filed. If they were not, can I obtain another lawyer to sue the lawyer who handled my case? Now I liable to pay a carnote and no car. My case was discharged 01/10.


Asked on 2/01/10, 1:53 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

If your lawyer failed to file something, and if he lied to you about it, then you definitely need to hire a lawyer to get a refund of your money, correct the matter (if possible), pursue a case for damages above and beyond the legal fees you paid the lawyer who screwed up, and explore the option of also filing a grievance with the state's Attorney Grievance Commission. The AGC has a website and the grievance forms, which you may want to review. The AGC can award you damages and/or sanction the lawyer, but it is not the same as a civil lawsuit and/or demanding a refund of your legal fees. Sorry you had a bad experience. I hate hearing about this - it gives the good lawyers a bad name. There are a lot of bad bankruptcy lawyers out there right now, and it's very sad, as people filing bankruptcy obviously don't have a lot of funds, and are relying on their lawyer to help them through the complex process.

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Answered on 2/13/10, 9:20 pm


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