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vicgonzales · Aug 17, 2009, 01:12 PM

My business was in a law suit for property that was mine in a building that was bought while my business was a tenate and they properties were not part of the purchase but they new owner was not informed by their agent at the time of sale. Anyhow they felt they were due these items and wanted to sue us and we counter sued cause they did not return our deposit after vacating property. My lawyer for what ever reason did not attend court when the date was set and a judgement was found against my company. We were not notified and now more than a year later we find out about the judgement and that they have liened my personal property. I have also filed for bankruptcy since this case has gone to court can I make that part of it and can I make my lawyer responsible for the judgement since they did not attend the court date?

JudyKayTee · Aug 17, 2009, 02:20 PM

If you are discharged in bankruptcy all of your legal claims are null and void - you cannot file in bankruptcy and THEN sue someone for something that occurred before the bankruptcy was filed.

I also don't have a clear grasp of what you are asking concerning the property - but I don't think it really matters.

vicgonzales · Aug 17, 2009, 02:32 PM

The Bankruptcy is in process not completed. I guess I have several questions. The property is improvements that we put in unpermitted to the building we were leasing. The new owner was not informed by their real estate agent that the improvements would not be staying when we were to move out. So they assumed that they would so when we moved they sued us for the property. We counter sued them for our deposit that they did not refund to us. Our lawyer was given this case and when the set court date came up our lawyer did not show to court so we automatically lost and there was a jusdgement made against us. Us being unaware did not find out about judgement for sometime after and now found out about 2 weeks ago and now are also finding out about a lien on our personal properties. What can we do to the lawyer for not showing and failing us? And can we include this judgement in our bankruptcy? Is there any way to appeal at this point as it has been a while?

AK lawyer · Aug 18, 2009, 06:13 AM

Originally Posted by JudyKayTee

If you are discharged in bankruptcy all of your legal claims are null and void - you cannot file in bankruptcy and THEN sue someone for something that occurred before the bankruptcy was filed.

Incorrect. You should schedule the claim against the attorney. If the trustee abandons the claim there is nothing preventing you from pursuing it.

excon · Aug 18, 2009, 06:30 AM

Originally Posted by vicgonzales

when the set court date came up our lawyer did not show to court so we automatically lost and there was a jusdgement made against us. Us being unaware did not find out about judgement for sometime after

Hello vic:

Nahh... You weren't UNAWARE. You knew you were being sued... You didn't follow up on your lawyer or your court case. It's no wonder it went into the dumper.

By the way, weren't YOU supposed to be in court too??

excon

vicgonzales · Aug 18, 2009, 07:34 AM

No I was not supposed to be in court too. I did follow up with my lawyer and was not able to get a response. I now found out that he has been diagnosed with Parkinsons Disease. I knew that we were involved in a long litigation and that it had been going on for a very long time mind you this started 5 years ago and went back and forth for 3 years before anything was settled. This lawyer is my corporations lawyer that handles many of my legal dealings well did. SO that is that and now I need to find a new lawyer and figure out what I can do to reverse these actions. I am not trying to cheat anyone I just want what is fair to be fair.

excon · Aug 18, 2009, 07:43 AM

Originally Posted by vicgonzales

now I need to find a new lawyer and figure out what I can do to reverse these actions. I am not trying to cheat anyone I just want what is fair to be fair.

Hello again, vic:

You answered your own question...

In MY view, even though a lawyer is your legal representative, he's still works for you. As such, he needs to be managed like ANY employee. I'd keep a much closer rein on your new lawyer to make sure this doesn't happen again.

excon