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Re:Bankrupt Employer (1 viewing) (1) Guest
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TOPIC: Re:Bankrupt Employer
#4740
Hatman (Visitor)

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Bankrupt Employer 8 Years, 4 Months ago  
I hired an attorney to collect a judgement I was awarded for non payment of wages from a former employer. The attorney only collected a small amount thru a lein. I found out that the employer was filing bankruptcy so I told my lawyer about it. He never contacted me with any information. It turns out the employer did file bankruptcy a few days after I told the lawyer. The employer did not include my judgement in his chapter 7 bankruptcy and my laywer never contacted the courts to have in included. Can I still collect my judgement and did the lawyer mishandle my case?
 
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#4741
Doan4 (Visitor)

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Re:Bankrupt Employer 8 Years, 4 Months ago  
even though you knew about the bankruptcy case, you relied on your lawyer to file a proof of claim, which if it had been done, would have excepted your judgment from discharge even in a no-asset case. So, the fact the lawyer did not do it, you lost the chance to object to the discharge, and that is probably malpractice. Again, consult with a malpractice lawyer.


However, if the bankruptcy case has not been granted a discharg, you may be still be able to file an objection to discharge. Or even if has been discharged, and not too much time has passed, you could ask the bankruptcy court to reopen the case to object to discharge of your judgment against the debtor.
 
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#4774
Hatman (Visitor)

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Re:Bankrupt Employer 8 Years, 4 Months ago  
I should be able to collect the loss from the bankruptcy judgement and attorney fees? What else can i get? I have bills for postage and driving to collect my money and accounting fees. Can i collect for these other out of pocket expenses too?
 
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#4792
Doan4 (Visitor)

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Re:Bankrupt Employer 8 Years, 4 Months ago  
You will likely get attorney fees. If you contact the state bar they will likely launch an investigation and impose sanctions on the attorney for misfeasance. Your out of pocket expenses and attorney fees will be awarded if you get consequential damages.

Good luck.
 
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#6537
billyy2288 (User)
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Re:Bankrupt Employer 7 Years, 4 Months ago Karma: 0  
Doan4 wrote:
QUOTE:
even though you knew about the bankruptcy case, you relied on your lawyer to file a proof of claim, which if it had been done, would have excepted your judgment from discharge even in a no-asset case. So, the fact the lawyer did not do it, you lost the chance to object to the discharge, and that is probably malpractice. Again, consult with a malpractice lawyer.


However, if the bankruptcy case has not been granted a discharg, you may be still be able to file an objection to discharge. Or even if has been discharged, and not too much time has passed, you could ask the bankruptcy court to reopen the case to object to discharge of your judgment against the debtor.

I also think so.
 
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#6560
gwenyth08 (User)
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Re:Bankrupt Employer 7 Years, 4 Months ago Karma: 0  
QUOTE:

Originally Post By Hatman
I hired an attorney to collect a judgement I was awarded for non payment of wages from a former employer. The attorney only collected a small amount thru a lein. I found out that the employer was filing bankruptcy so I told my lawyer about it. He never contacted me with any information. It turns out the employer did file bankruptcy a few days after I told the lawyer. The employer did not include my judgement in his chapter 7 bankruptcy and my laywer never contacted the courts to have in included. Can I still collect my judgement and did the lawyer mishandle my case?


Judgments are serious. Judgments allow creditors to take all kinds of collection
actions that they are not allowed to do without the judgment. With a judgment
creditor is able to garnish your wages, levy on your bank account, file the
judgment against your real estate, even foreclose on your house. I've actually seen
credit card judgments turn into foreclosures against people's homes.
It is always good advice to seek legal counsel if you have received a lawsuit.
Sometimes by taking proper steps before the lawsuit process gets too far, you are
able to save your property and avoid headaches. If too much time passes,
judgments can be rendered against you that could have been avoided if only you
responded to them. Better yet, consult another legal adviser on cincinnati bankruptcy attorney to get
more information and idea on how to handle all your problems and question.
 
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Last Edit: 2010/09/20 00:43 By gwenyth08.
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