irs bankruptcy allowances
Should I sue?
My husband and I filed chapter 13 bankruptcy in 2006. The attorney advised us to increase our withholding allowances so that there would not be a tax refund for that year. Our attorney never advised us to change the status of the withholding allowances so that we would not owe the IRS. My husband was checking his paystub to see what we might be refunded for 2007. He realized that we owed money at that point. We contacted our attorney in October 2007 with no results. I then emailed him over 10 emails with no result. In Jan. 2008, I sent 3 letters, called his office with no answer. In April 2008, I sent a certified letter with no calls. I contacted the local bar association and they advised me to find a new lawyer. I contacted a new attorney and she found major errors on the case. She stated that our attorney should have not confirmed the case based on the higher allowances. I sent out another certified letter with no response. Should I sue for legal malpractice?
Regarding your situation lets review.
This is from a legal standpoint.
1. Can you prove he said to do the things you said (withholding allowances).
2. Can you prove he didn’t tell you to change the status?
3. Is he a tax lawyer or certified financial counselor? If not, its like getting info from a taxi cab driver on the meaning of life…they can say whatever they want.)
Most importantly, can you prove he is the cause of these damages? It sounds like this guy dropped off the face of the earth.
You probably have a case, but is it worth what you are gonna pay out for what you are gonna receive?
Good Luck,
Judobigdog
