Who owns malpractice claim against bankruptcy attorney
Posted: Tue Jan 20, 2015 8:55 pm
This was surprising when I found out about it just because malpractice is
such a personal thing. But if you think about it, virtually anything done
on or before a petition is filed belongs to the Estate.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law firm
101 N. Brand Blvd, PH 1920
Glendale, CA 91203
Office: 818.276.2477
Fax: 818.208.4550
On Tue, Jan 20, 2015 at 6:00 PM, Havkin Stella havkinlaw@earthlink.net
[cdcbaa] wrote:
>
>
> Very complicated analysis. It depends on whether the debtor was involved
> in failing to provide information to the attorney. If the filing is purely
> based on bad advice to file the bk by the attorney, it belongs to the
> Chapter 7 trustee. If the bk was screwed up after the filing, then belongs
> to the debtor. You have to analyze when the damages took place.
>
> -----Original Message-----
> Sent: Jan 20, 2015 5:44 PM
> To: "cdcbaa@yahoogroups.com"
> Subject: [cdcbaa] Who owns malpractice claim against bankruptcy attorney
>
> If a bankruptcy should never have been filed or was botched, does the
> debtor own the claim or is the Chapter trustee?
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
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> Tel: (213) 389-4362
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This was surprising when I found out about it just because malpractice is such a personal thing. But if you think about it, virtually anything done on or before a petition is filed belongs to the Estate.ail_signature">Sincerely,
The post was migrated from Yahoo.