I purchased a vehicle in Oct 2002. The total price (including interest) was 30488. After making a few payments, my husband and I filed bankrputcy. Instead of paying depreciated value with no interest on the vehicle, I paid the amount of the vehicle plus interest to protect the co-signer from collection action. We modified the plan in 2007 because my husband was overseas. This company did not object to the modification. Our bankruptcy was discharged in April 2008. In June of 2008, the co-signer received a letter from the finance company stating he owed $7100.00. I called the company and contacted my attorney. After two months, my attorney tells me to call and try to reaffirm or settle the sum outright. I contact the finance company. They tell me this would have been avoided had my attorney provided for 100% contractual obligation instead of valued the vehicle. When I confronted my attorney, because she was well aware that I wanted to protect the co-signer, that was the whole point of my paying what I thought was the whole amount plus interest, she said that she knew that and thought that she had provided for that that she was unaware of any other contractual obligation. She said that we she did not feel that we should have to pay anymore, especially considering that we were only $3,000 give or take from meeting the original contractual obligation. However, she said she did not know what kind of action we could take and that she had represented us in the bankruptcy and her job was basically done. So here's my questions:
1. Do I have any recourse against this attorney as she did not represent my full interest in the bankruptcy (i.e., making it so this company could not come back after discharge and ask for more money from the co-signer who was not part of the bankruptcy)?
2. Since this was her error, by not correctly providing for this debt in the bankruptcy petition, should she not be liable in some way?
3. Should she have been aware that placing the full value of the vehicle and not paying 100% of the contractual obligation would lead to this?
Thank you.
1. Do I have any recourse against this attorney as she did not represent my full interest in the bankruptcy (i.e., making it so this company could not come back after discharge and ask for more money from the co-signer who was not part of the bankruptcy)?
2. Since this was her error, by not correctly providing for this debt in the bankruptcy petition, should she not be liable in some way?
3. Should she have been aware that placing the full value of the vehicle and not paying 100% of the contractual obligation would lead to this?
Thank you.
