Complaint Review: David Nadler Attorney - cedar rapids Iowa

I am the attorney complained against.  The case involved a motion by the U.S. Trustee to convert the case to chapter 13 under section 707(b).  This means that if the motion were granted by the Court, the case would not be under chapter 7 involving a prompt discharge of debts but under chapter 13 where the bankrupt would have to make monthly payments on the debts over several years.  One common way of attacking a 707(b) motion is to argue that there are prospective expenses which will leave no income for payments on a plan.  This argument is common because chapter 7 involves current expenses while chapter 13 involves prospective expenses.  I made this argument in the case but the judge ruled that there was sufficient income to make payments in chapter 13.  The bankrupt was unhappy that she had to make payments and could not proceed under chapter 7.  I have handled numerous 707(b) motions and represented the bankrupt to the best of my ability, as I always do.  I am disappointed that the bankrupt would try to damage my reputation by publishing this complaint.

A little difficult to follow. It is unclear from the report, but it does not sound like the debtor received a discharge and the debtor paid $1500, not $1000. The reasonableness of the price depends wheher that included the filing filing. The filing fee for a chapter 7 is $209. I normally charge $600 pluse the $209 filing fee. I think $1000 is reasaonble only if it includes the filing fee. Unless you have a business, it should $1000 to fill out petition, statements & schedules.

As an attorney, I can assure you that negligence and/or incompetence are prime grounds for filing an ethics complaint. If you really weren't happy, filing a complaint is the best thing you can do, lawyers are one of the few industries out there with a built-in complaint system for the average consumer, with a guarantee of an actual investigation into the matter. Also, $1,000 is a very good price for bankruptcy, and you did get your discharge, didn't you? Since you were already filing for bankruptcy, and presumably had thousands of dollars of debt, I'm doubtful you would have just sent that money to your creditors instead - you were going to go bankrupt anyways. Also, you stated that "Had our original questions been address before the petittion was filed all of the claims the judge disallowed would have been approved", did another attorney tell you this? What are you basing this on? If you really feel wronged, file a complaint with the ethics commission.

I checked out the state bar website I don't think I have a valid ethics complaint. Incompetence is not an ethics issue neither is negligence. I may however have grounds for legal action and am looking into that avenue.

Here is the web page: http://www.iowabar.org/main.nsf On the left side of the page click on: Discipline of Attorneys, then on the Complaint Form. This form include detailed explanation what to do, where to go for more help if needed.

Here is the web page: http://www.iowabar.org/main.nsf On the left side of the page click on: Discipline of Attorneys, then on the Complaint Form. This form include detailed explanation what to do, where to go for more help if needed.

Here is the web page: http://www.iowabar.org/main.nsf On the left side of the page click on: Discipline of Attorneys, then on the Complaint Form. This form include detailed explanation what to do, where to go for more help if needed.

Here is the web page: http://www.iowabar.org/main.nsf On the left side of the page click on: Discipline of Attorneys, then on the Complaint Form. This form include detailed explanation what to do, where to go for more help if needed.