Personal Bankruptcy Lawyer failed to file bankruptcy

[lorelei739]

When my husband divorced his previous wife, she had racked up 10's of thousands of dollars in credit card debt (cash advances) that he was 'unaware' of as she was having the credit card bills sent to one of those 'mail box plus' places and used their address and the actual box number was shown as an apartment number...anyway I digress..once they divorce and all this debt was discovered, the lawyer (their friend) said that he would handle the bankruptcies for both the ex-wife and my husband (separately). My husband paid several installments to the lawyer, but could never get any information from him about case numbers, dates, anything, he would barely return the phone calls and if he did he would say he would 'get back with the information' and never did. Since this guy was a 'friend' of my husband's and had known him for 20+ years, he didn't think anything was amiss. Time passed, when notices came from the credit card companies these were just automatically faxed to this attorney, but never got a response. Well in trying to make a long story short.. ..when we came back from vacation my husband noticed that his paychecks weren't 'right'..as it turns out his wages are being garnished by one of the credit card companies..I nag... cuz the attorney still won't return phone calls, and paycheck by paycheck there is less money. I stuck my nose where it didn't belong and started to investigate..it turns out this lawyer has several complaints against him by the Attorney review board and one of them is the very same type of situation that is currently happening with him. He (my husband) still thinks that this lawyer did nothing wrong, but the guy still doesn't return phones calls, etc. Do we (he) have a recourse here. From all the research I have done, there is NO PROOF that the bankruptcy was ever filed (3 years ago). Now that we have gotten married and the house is in my name only what's going to happen. Can we sue this lawyer? Do we get a new lawyer to handle the bankruptcy and action against this lawyer? I don't know where to turn. I just don't want to lose MY HOUSE, MY CAR and MY credit standing because of this. Any advice? P.S. The lawyer has a hearing before the attorney disciplinary commission in the middle of Janary, 2006. I can't get my husband to fill a similar complaint.

 

[Malibu_Barbie]

How long ago was it that the ex-wife "racked up" that debt, and how did your husband's name get on the credit cards (did she forge his name as a co-sign)? If it was forgery, then I would have filed criminal charges immediately upon my knowlege. In any event, even if your husband is liable for his ex-wife's debt, it's not your debt, although it does affect you if he is contributing to your mortgage, house and credit card payments. If his name is not on any of your titles or loans, and you are able to pay those debts without his contribution, then I wouldn't worry so much about losing anything. However, as to your husband, I think he should rethink the fine line between "friend" and "legal malpractice". If he doesn't file a complaint against that attorney for malpractice with the State Bar, then how can he even dispute any further garnishments against him, or any other legal proceedings stemming from his previous marriage?