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my bankruptcy attorney was negligent?

My bankruptcy attorney filed my case later then he said he would. So a creditor took over 550 dollars out of my bank account (the creditor was a loan from the bank). Which caused it to overdraft and got a ton of fees. I made countless phone calls to him with no response and it took me going down to his office.on my lunch, to get him to fill the case. My questions is, can I hold him responsible for negligence because he didn’t fill my case when he said he would and try and get the money from him? I am so angry about this, any advice will sure help!!

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2 Responses to "my bankruptcy attorney was negligent?"

  1. brokenheartsyndrome says:
    You can report him to the greivance committee in your state, there is a process that you go through and he may or may not be held accountable.
  2. Kaz says:
    When someone is your attorney, they are your agent. As an agent, he/she has duties to the principal (you). Duty of diligence is one of these duties. This means that as a certified professional, he has to use his skill and due diligence before taking any action since he is directly representing you. In this case, filing late and causing a loss to you would constitute a “breach of contract”. You can then sue the attorney for any losses that you have incurred due to the lateness (ie late fees, etc.). I’m not sure if it’s worth taking it to court since it must be an immaterial amt. Good luck

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