Is it Divorce or Bankruptcy Malpractice?

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Latest post 08-14-2009 1:28 AM by Dr. Speed. 0 replies.
  • 08-14-2009 1:28 AM

    • Dr. Speed
      Consumer
    • Not Ranked
    • Joined on 08-14-2009
    • OH
    • Posts 1

    Is it Divorce or Bankruptcy Malpractice?

    In the beginning…I asked Ohio divorce attorney whether to file bankruptcy before or after divorce. He referred me to a bankruptcy attorney who eventually recommended bankruptcy before divorce. What I understood from the bankruptcy attorney was that the divorce could proceed any time after the bankruptcy was filed. Divorce and bankruptcy attorneys spoke multiple times on the telephone in this regard (timing of bankruptcy/divorce). Bankruptcy was filed; divorce was finalized 7 days later.

     

    At Ch 7 bankruptcy hearing, trustee says, “How did this happen? Divorce cannot proceed until bankruptcy discharge has taken place.” He proceeded to indicate that because the divorce occurred after the bankruptcy was filed, the divorce is probably not legal. Also, because he saw something wrong with the mortgage, the house that I thought was protected would probably need to be sold. Yesterday, I received an Application by the trustee to appoint his law firm as attorneys for the trustee. This does not sound good. (On top of this, over a year ago I had verbally asked my life insurance agent to change my beneficiary from my estate to my children, but he did not do it, so the $60K cash value of the policy can probably be taken by the trustee, too.)

     

    If it is such common knowledge that it is illegal to proceed with a divorce during a bankruptcy case, and the two divorce attorneys and my bankruptcy attorney knew I was getting divorced 7 days after filing the bankruptcy, and I lose the house and bankruptcy case because of this, has someone committed legal malpractice? Do I just have to take it on the chin and say I gambled with the bankruptcy and lost?

     

    I decided to do the bankruptcy because the bankruptcy attorney was so sure of what would be discharged. If I was not going to file bankruptcy, I would have gone after my wife to pay half of the debt of my failed business (she was office manager, but it was all in my name as guarantor).

     

    Any thoughts on this situation will be sincerely appreciated. Bankruptcy attorney will eventually respond to my requests for an appointment, but it seems like something went wrong that could have and should have been prevented. Thanks for reading about my situation.

     

    Scott

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