Legal Question in Bankruptcy in Wisconsin

What are my client rights after my bankruptcy has been discharged & closed by my attorney? The firm refuses to take my calls.

In 2009, I filed for chapter 7 bankruptcy in Wisconsin. Upon filing, my husband chose to be a non-filing spouse. All debts, including his non secured debts, were included in the paperwork. In November of 2009, a complete discharge was granted and closed.

Last week, my husband was served papers from a credit card company for the balanced owed.

I contacted my attorney's office informing them of the law suit and was informed that my attorney had left the firm and that they were no longer representing me. I called back to speak to an actual attorney and was told "We have spent much time speaking w/ you and are no longer taking your calls".

What are my rights as a client in this matter? How can the firm refuse my calls when I feel this law suit could have been prevented on their end? Can they be liable for the outcome of our law suit?


Asked on 2/17/11, 9:49 am

1 Answer from Attorneys
JAY Nixon nixon law offices

It is quite normal for legal representation to end with completion of the project for which the lawyers were first hired. If you need new work now that your old lawfirm has closed your file, you need to make new fee arrangements, either with your old lawfirm or with a new one. Also, from what you seem to be saying, the creditor sued your former husband (whom the lawfirm apparently did not represent) and not you. If they never represented your ex husband, they have no obligation to deal with his problems in any event. Finally, your ex husband is in dire need of legal representation and should therefore consult with a lawyer before this problem becomes a wage garnishment or other collection enforcement action. Nonfiling spouses do have certain protections due to filing spouse's bankruptcy in WI, but the divorce may sometimes call these protections into doubt. A lawyer needs to thoroughly investigate this situation to see if any defense of this sort might still be available to your ex husband. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

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Answered on 2/19/11, 6:15 pm


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