Ithaca, NY Bankruptcy Law Firms & Lawyers

First, I'm very surprised the lawyer didn't check this before he prepared your petition. Doing a check on land title and liens is a required part of representing a client in bankruptcy. (This is because land title is complex and a surprising number of people are unsure or wrong about the details of their title.) However, you're now in the situation and blaming an incompetent attorney doesn't change that but the error in filing is the attorney's fault not yours. Since you told him how you believed the real estate was titled and he then prepared to petition differently, you had every right to assume that he did his job, check the title and determined that this was the proper way to list it for the bankruptcy. I'd recommend that you write your attorney and spell out that you told him (or his staff - whoever interviewed you) before the petition was prepared that your understanding was that you owned two parcels of real estate: the house and five acres with a mortgage and five acres of land free and clear. When you signed the petition, you relied on him as an expert that the property was properly listed on the petition. Now, you have found out that the attorney erred in the preparation of the petition and because of his error the petition understated your equity in the land. State how many times you have attempted to get his advice on this by phone or from his staff to no avail. Tell him that you need him to advise you on how to handle the situation at this point. If he responds, make a record of what he says. If you calls you, write another letter to him confirming the call and the advice he gives you. If he doesn't respond, contact the U.S. Trustee's office in your area and send them a copy of the letter, that your attorney hasn't responded to your attempts to contact him and you'd appreciate any help that they can give you.

If he has the title, hire a tow company and go get it. If it is in a locked yard, call the police to arrange an escort. Getting the money back is you in small claims court and then try to get the judgment paid. He'll bail out unless his parole is revoked, then he goes to prison and all you might get back is the car if you move as soon as you read this.

A creditor will normally insist on cooperation with the authorities in identity theft cases, particularly where the culprit is a family member, since the potential for abuse is obvious.