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What can I do when the firm I paid to file chapter 13 didn't do what they were suppose to do.

Downers Grove, IL |

I am in debt due to my car, tollway violations, and parking tickets (I was at risk of being booted). I Filed chapter 13 August 2012 in order to get out of debt. However, I was pulled over because my license plate had been suspended due to toll violations that occurred before I filed chapter 13 and my car was impounded. I was told that everything was covered under my bankruptcy. When I called my lawyer he couldn't find that information and he told me to pay the police department and the toll company so that I can get my car back. Now here it is about eight weeks later May 10, 2013 my car gets booted. Again I suppose to be covered under my bankruptcy, however when I called the city they had no record of me filing bankruptcy.

Attorney Answers 3

Posted

Your attorney should have told you that Bankruptcy does not protect you from Criminal Fines and Restitution. Tollway violations, parking tickets and other violations will not be "cured" through bankruptcy. Pay the tickets and violations and try not to get any further tickets or violations - those things are expensive! Good Luck.

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Asker

Posted

That's not true I filed Chapter 13 therefore I am paying them back. The city took the boot off of my car free of charge because I am covered by my bankruptcy.

Asker

Posted

My problem is I was out of $1000 due to being misinformed. I was told later by two partner lawyers of this firm that I was never suppose to pay that money and that I can get it back. However the attorney that worked on this paticular case is not being truthful.

Posted

I hate to seem to be in the position of telling you that you are to blame, but you were supposed to read your bankruptcy petition BEFORE it was filed and tell your attorney about any corrections or additions. Your attorney will not know about a debt unless you tell him/her about it & provide a correct mailing address & estimate of the amount owed. While corrections can be made after the bankruptcy is filed, additional court fees must be paid by YOU. Everything can be covered in a Chapter 13 bankruptcy if the paperwork is correct when it is filed. Sounds like everyone dropped the ball here! Hope this perspective helps!

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Asker

Posted

I see lawyers make a habit of assuming. My bankruptcy lawyer had all this information concerning the tollway violations and the city tickets these where two of the main reasons (which I stated before) that I filed in the first place, my address is current and he knew what was owed.

Posted

When you file a bankruptcy, you are required to sign your petition, schedules and related documents under penalties of perjury. You need to read them to see if these debts were listed, how they were categorized and how the plan treated them. You can propose to pay them in your chapter 13, but that does not mean that your license would be reinstated. If you were driving without having your license reinstated, that certainly would not be covered by your bankruptcy.

This answer expresses only general statements about bankruptcy and/or debt defense and does not constitute advice to you in any form and does not create an attorney client relationship between the party asking the question and the party providing the answer. Furthermore, all cases are fact specific and it is not possible to give you legal advice without a complete evaluation of your case or if you are already represented by an attorney. Therefore, this answer does not constitute legal advice of what you should do specifically in your case. You should seek local counsel to help you with your specific issues.

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Asker

Posted

My license are good, I never said my license was suspended! I was pulled over because my license plate was suspended due to toll violations that were covered under my bankruptcy, not due to my driving privileges.

David Eugene Mullis

David Eugene Mullis

Posted

The answer is the same.

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