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tagalong68 · May 14, 2010, 07:52 AM

No, an attorney did not 'educate' me, I did it myself. I'm a legal sec'y (unemployed right now), and when that attorney told me that no one was 'intelligent enuf unless they are an attorney or highly trained, they would never be able to understand bankruptcy". So, I made a concerted effort to learn and I have learned in weeks what it took him YEARS to learn - and now he is aware that I DO know what I'm tallking about and can adequately take his butt to court!

J_9 · May 14, 2010, 07:56 AM

Yes, the OP knows what she is talking about. I'll agree with you there.

As a paralegal (in my past life, lol), I need to go back to the beginning as if I were interviewing this person to decide if I were going to take the case. There are many holes in this story that I am not getting.

What I need to know is...

Why the suit was filed, just to start, then we can go from there.

I'll give you an example...

A person was diagnosed with cancer. This person had health insurance to pay for medical, but had to miss an extraordinary amount of work at a company that did not offer STD/LTD. Due to this person's inability to work, credit cards; auto loans; mortgage, etc. went unpaid. Thus causing the person to file bankruptcy.

In this scenario the medical records are a necessity to prove the inability to sustain employment in order to maintain the necessary payments.

While the OP has an understanding regarding legal malpractice, I question whether the OP comprehends how all factors of daily living can affect the case in point.

J_9 · May 14, 2010, 07:58 AM

Tagalong,

Could you please help us understand?

Please start from the beginning. Let us know why this case was filed, who was involved, etc.

JudyKayTee · May 14, 2010, 08:11 AM

Agreed - and I've seen things left off BK petitions (deliberately or accidently), mistakes (omissions, just plain errors), all sort of things - and the Petition is amended right up to discharge. I know of one discharge that was taken back into Court, the petition amended, the discharge changed.

So I'm confused, too.

tagalong68 · May 14, 2010, 08:19 AM

OK, I was working, paying bills, etc. THEN, out of the blue I was sick, diagnosed with CHF (as a nurse you know what that is), then was replaced at work with a 'paralegal ", (lol), and then I was in hospital 9 times in 3 years, with about 6 diff. surgeries & procedures, heart related, and YOU as an employee know that those bills are. Lost my job, no life ins. And now subject to 'sudden death'. I have two living children, the first born died 1985 of WPW, so heart problems runs rampant in my family. I couldn't pay the bills, was constantly being sued by credit cards, etc. so consulted this guy about the possibility of filing, and it escalated from there into what pickle I'm in currently, BUT if he had told me about the Illinois (where I now live) state law none of this would have ever happened. HE KNEW I DID NOT MEET THAT CRITERIA AT ALL - YET HE FILED THE BK. KNOWING I WOULD FAIL! It has been almost a year now and the BK is still open and being defended - and I'm sinking in the west!

tagalong68 · May 14, 2010, 08:28 AM

Errors & omissions are one thing, BUT if a trustee thinks you've committed fraudent transfer of real estate to defraud creditors the that is something else and you play holy H... changing their mind. HERE iin Illinois, they Don't back down or change their mind and they are going after my house, selliing it, and paying alleged creditors. EVEN though she knows what the first attorney did, she is STILL going forward with trying to take my house. She is interested in one thing only! Money - she will realize about $8250.00 out of the sale of my house as her fee for being the trustee on the case. I've been telling this current attorney to file challenges to the creditors, (I've prepared all 5 of them myself), Motion to Dismiss, etc. which I've done myself, yet it continues! I'm filing complaints against bogus creditors, and against corrupt attorneys, etc. fighting this daily, and I'm with all of YOU! I'm as confused as you are trying to figure out how on earth this garbage could be happening! But, it is. So, I'm out there swimming as fast as I can. The current attorney said - get a loan on the house and we'll try to settle with the trustee and try to 'buy her off' - and I'm saying, are you kidding? NO ONE is going to lend me any money against a bankruptcy that is still on-going! I think I've moved into the village of the local idiots! These are attorneys that have been in practice for years and years and specialize in bankruptcy? I knew nothing about it in the beginning but now I know as much if not more than they do! Yet I'm paying them!

ScottGem · May 14, 2010, 09:28 AM

I won't pretend I've followed everything here. I don't know for sure whether you have a case against your former attorney or not. But I do believe my answer to your original question is accurate. YOU did sign for the records, they were delivered. Therefore, you have a responsibility to pay for them. Whether the attorney had a valid reason for requesting them or not, is immaterial to the fact that you owe for the records. If the attorney incurred charges that were improper, then that is between you and the attorney. You may be able to sue your attorney to recoup costs that he incurred that were unnecessary. But I see no issue with the attorney providing billing information to the creditor and I do see you having to pay the bill.

tagalong68 · May 14, 2010, 09:34 AM

Thanks, Scott, I did get your message. Thanks for your input and the time to consider the problem.

JudyKayTee · May 14, 2010, 09:44 AM

Wow - I'm not a nurse (although J9 is) so I have no clue what CHF is. From what I can gather of the problem Attorney #1 recommended and faciitated a "fake" transfer of real property to avoid having it taken in bankruptcy.

How am I doing so far?

The Court got wind of that and is selling your house to pay your debts.

If so, yes, I see a case.

I still see no case over the release of info, your responsibility to pay for medical records.

It sounds like an absolute mess (to put it mildly)!

And yes, if fraud is involved the BK Court doesn't want to hear about it.

tagalong68 · May 14, 2010, 10:02 AM

Originally Posted by JudyKayTee

Wow - I'm not a nurse (although J9 is) so I have no clue what CHF is. From what I can gather of the problem Attorney #1 recommended and faciitated a "fake" transfer of real property to avoid having it taken in bankruptcy.

How am I doing so far?

The Court got wind of that and is selling your house to pay your debts.

If so, yes, I see a case.

I still see no case over the release of info, your responsibility to pay for medical records.

It sounds like an absolute mess (to put it mildly)!

And yes, if fraud is involved the BK Court doesn't want to hear about it.

Judy: CHF is "Congestive Heart Failure". A very weak heart condition.
The attorney deliberately left off the BK. Schedules that I owned a house and had put it into my sons name to be sold at time of my death to pay final expenses. He had put in 'none' where applicable.
When the trustee asked me if I owned a house I said yes, but I had deeded it to my son to pay final expenses because the attorney did not tell me that he lied on the schedules.
She jumped on that as fraud, and closed her mind to anything else, assuming I had lied, not the attorney.
No. 1. IF the attorney had told me that an Illinois state law that stated a person cannot file BK IF they have sold a house, given away, to a relative, their house 4 years BEFORE the filed BK then they would consider that as fraud to avoid creditors! Federal law said if you give your house away 2 years before you file BK then you are OK, (but the state law was 4 years) - I was OK with the feds, but I missed/was SHORT the state law by 2 years! This meant that legally I could NOT file BK for an additional 2 more years! He KNEW this when he filed the case! And, all the rest of the garbage is a result of that one action. You see, I have a letter from him where he admits he deliberately withheld that information from me because he wanted me to 'feel comfortable', (to quote him). HE KNEW I COULD NOT FILE, YET HE FILED ANYWAY. So, I'm fighting this, literally, daily. Yes, it is a mess, a monumental mess, and I'm just trying to survive - too bad attorneys aren't sympathetic and take a case pro bono - but they don't! Thanks for asking!

tagalong68 · May 14, 2010, 10:06 AM

I really appreciate all the info and input from all of you in this situation. You all have been great! BTW, there is one thing I did find out, the hard way, albeit, and that is: if any one EVER thinks the federal government is your friend and has your welfare at heart, you are wrong! They will throw your little body under the bus in a N. Y. second! Take that as gospel and believe it - it IS fact!

JudyKayTee · May 14, 2010, 10:18 AM

I worked for the Feds for a number of years - I believe you.

Let us know how this works out for you - this is one of these situations when I wish I had something wise and wonderful to contribute but I think it's all been said and you were put in a very bad spot by an Attorney.

Hate to see it happen but I know it does.

I wish you luck -

tagalong68 · May 14, 2010, 11:48 AM

Thanks, what is, is (doesn't that link back to what Clinton said when he said it all depends on the definition of 'is'? ) I'm going for the jugular, believe me - he will know I've been there! Thanks for the good wishes and I'll let you know. It may take a while but I'll let you know...