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Asker
Posted about 4 years ago.

Thank you, he was suppose to have filed it as what is called a "cramdown" and they were suppose to get value on the car as it was worth when I filed. I'm not sure why he never noticed this either. He is very arrogant and of course admitted no responsibility. His suggestion was to just drive the car into the ground (it's old) until I can't drive it anymore, or to give the car back to the creditor! I told him it may not matter to you but it is my only vehicle and if I had money I would never have filed a chapter 13 in the first place. I'm just very confused at this point and probably will have to get another attorney as you suggested. Even if the car is old I don't want to get stuck with a car that one day may not be driveable and I can't do anything but store it because I can't get clear title to even salvage the dumb thing. Thank you for you answer. I will most definitely pursue that option.

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Asker
Posted about 4 years ago.

Spoke to another attorney and he more or less told me that I was wasting his time and mine to even pursue anything and that my car is worth nothing so there is nothing I can do. He suggested I call my attorney and ask him why he didn't catch the mistake. And that I'm stuck with the car because I can't get title and that I can proably scrap it someday because he didn't think I needed a title for that. I'm a bit discouraged as he was even more rude and condescending as my own attorney. I'm beginning to wonder if all the bankruptcy attorney's in my state are just rude and unhelpful.

Diane L Gruber
Diane L Gruber, Bankruptcy Attorney - West Linn, OR
Posted about 4 years ago.

Maybe it is time to call the MO Bar Association to find out who his malpractice insurance is with. You MAY have a claim there. Good luck.

Gary D. Bollinger
Gary D. Bollinger, Bankruptcy Attorney - Saint Louis, MO
Posted about 4 years ago.

Missouri law does not require proof of malpractice insurance for a lawyer to obtain a renewal of a license to practice law in MO.
The MO Bar Association cannot be of any assistance.

Diane L Gruber
Diane L Gruber, Bankruptcy Attorney - West Linn, OR
Posted about 4 years ago.

Interesting. In Oregon all attorneys have to buy malpractice insurance from the same "carrier," the Professional Liability Fund set up by the Bar. We all pay the same premium, which is about $3800 a year now.

Gary D. Bollinger
Gary D. Bollinger, Bankruptcy Attorney - Saint Louis, MO
Posted about 4 years ago.

I think the requirement of malpractice insurance as a condition of practicing law is trending. Illinois recently added, I think, a malpractice insurance requirement. (My IL license is currently inactive, so I am not quite sure).

My malpractice premium usually runs about $1800- $2200 annually, but this is in a competitive, non-monopolist market in which the practice of Law is not much restricted beyond the maintenance of a valid license to practice Law.

The requirement of malpractice insurance as a condition of practicing Law raises issues of free market capitalism versus monopoly and governmental regulation. (For example, the setting of insurance standardized premiums and a single "carrier" reduces or eliminates the availablity of carriers and competition, but arguably enhances the prospects of recovery for victims of legal malpractice, but at the cost of administrative overhead.)

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Asker
Posted about 4 years ago.

Thank you, they got my phone number wrong, I will contact you if it is okay..
This is just a very stressful situation.