Personal Bankruptcy What are my client rights after my attorney closed my BK case and wont take my calls?

[patrienm]

In 2009, I filed for chapter 7 bankruptcy in Wisconsin, a community state. 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. Keep in mind the bankruptcy was discharged in 2009...it is now 2011. I realize their is risk involved in a "Phantom Discharge" for a non filing spouse, but his debt was under $7,000 and was inluded in all of the reqired documentation. I am confused as to why the creditor is coming after him now.

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 law firm refuse my calls when I feel this law suit could have been prevented on their end? Why are they not responsible for aiding us in the law suit?

 

[despritfreya]

In 2009, I filed for chapter 7 bankruptcy in Wisconsin, a community state. Upon filing, my husband chose to be a non-filing spouse. 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 realize their is risk involved in a "Phantom Discharge" for a non filing spouse, but his debt was under $7,000. . . I am confused as to why the creditor is coming after him now. 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 law firm refuse my calls when I feel this law suit could have been prevented on their end? Why are they not responsible for aiding us in the law suit?

1. How could the law suit have been prevented by your prior attorney? Your husband chose not to be a debtor in the bk. That is not the law firm's problem.

2. The creditor can sue because it has chosen to do so. The fact that it waited 2 years is irrelevant. Maybe your husband has a defense to the suit (Statute of Limitations) but if he fails to raise the defense he will lose it. Defending the suit is not the responsibility of your prior attorney. He filed a bk for you nothing more, nothing less. Your husband needs to deal with the suit.

3. You most likely do not have any rights as it relates to your prior attorney or the law firm he worked for. Your fee agreement controls and my guess is that it tells you that the representation ends upon the entry of your Discharge. The Firm no longer represents you therefore it is not obligated to respond to your inquiries.

It sounds like you and your husband understood the ramifications of not filing a joint petition in a community property state. While I do not practice in your State I do practice in a community property state. The "community discharge" does not preclude a creditor from filing a suit against the non-filing spouse. The creditor simply cannot satisfy the judgment by executing upon community property assets.

Des.

 

[ogdenbankruptcy]

Plus, are you offering to pay the attorney for his time in helping with this suit? I understand that your bankruptcy was probably a flat fee, but this is different. Litigation defense is generally hourly, and generally several hundred dollars/hour. The attorney won't want to work for free.