Can i sue my bankrupt attorney for mishandling my case, not turning in paperwork?

Anyone can sue for anything, but whether you have a valid claim is a different question. Legal malpractice claims are expensive. What have to done as far as seeing another lawyer to deal with your financial issues? Anything? That is the first step.

I agree your damages are so low you would have a hard getting an attorney interested in the case. However, there are steps you can take yourself to get some measure of satisfaction. First off, write everything that happened, dates, times, and so forth. Then mail it to the same Chapter 13 who you made payments to, the same one who filed papers to dismiss your case. You may succeed in getting some portion or maybe all of the fee you paid to your attorney back. You can use this to select a new attorney and file another Chapter 13 attorney. Even though you had a bad experience with this attorney, I am certain you find another one who you have will have a better experience with. Also, you can contact your county bar association and file a complaint with them. Again, you will need a summary of the events, dates, times, and communications. They may help you see if you have been wrongfully treated by your attorney and they have the power to impose various sanctions if they believe your complaint to be valid.

It is always sad when clients have an unhappy experience with their lawyer. You can refile a Chapter 13 and almost always get the limited automatic stay extended. It is also possible to move to vacate the dismissal and convert. I have generally not have much resistance to the move if the time period is not too long.

I agree with the answer of Blake Brewer. However, two more things I suggest. First, you must list the claim in your new bankruptcy Schedule B and exempt in Schedule C. Secondly, you could POSSIBLY file a motion to reopen and convert to chapter 7 or file motion to reduce monthly payments explaining why dismissed. However, you would have received a copy of the notice of hearing on dismissal in the mail also so not sure why that is a surprise now . Did you move and not notify the court of a new mailing address? Finally, BEFORE you complain to any Bar Association, I can assure you your attorney does NOT want to go through all that and his insurance carrier. If they truly made a mistake, they may take action to reimburse you..or to do your entire new bankruptcy chapter 7 for free..so send them a letter detailing all, and your request to sit down with the attorney face to face to discuss what options he or she can give you..WHat will it hurt? If you end up filing a ch 7 and discharging all your debts w/o paying any more monies you may be glad and happy you took time to meet with that attorney. Make sure you give them a deadline..maybe Jan 4? Require a written reply by email and mail and a phone call to let you know it is there, etc.. But require a deadline or you will then notify the Bar Association. You can always sue in small claims court..what attorney wants to defend such an action taking time, etc? NONE! But they may..Good luck!

You can sue, but the real questions is whether you can find an attorney that will take the case and whether you will win. You should call several attorneys in your area to see if they are interested. You may have to pay the attorney out of pocket and see if the court will award you fees later, so it could be an uphill struggle.