Articles Tagged with Indiana

The Indiana Court of Appeals has reversed the dismissal of a woman’s malpractice complaint against her attorney, finding that the trial court’s Rule 12(b)(6) Order was improper.

 

Elaine Chenore hired Attorney Robert Plantz in July, 2005 to pursue a claim for money damages against William Knight. Chenore was awarded approximately $11,000 in January, 2006. In December, 2006, Knight filed a Chapter 13 Bankruptcy Petition. Plantz was notified, and collection proceedings were stayed. Although Plantz informed Chenore of the bankruptcy petition, she did not receive notice directly from the Bankruptcy Court. Plantz told her to “wait until notified by the Bankruptcy Court” and that he was going to appear for her there.

 

In July, 2012 Chenore learned that Knight’s bankruptcy had been discharged and that he had paid 100% of the claims filed, but paid her nothing, because no Notice of Claim had been filed on her behalf. Chenore then sued Plantz, who moved to dismiss under Rule 12(B)(6), claiming the two-year statute of limitations for attorney malpractice had expired. Chenore replied that the statute of limitations had been equitably tolled, because Plantz never told her that he did not appear for her in the Bankruptcy Court. The trial court granted Plantz’s motion.

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The Indiana Supreme Court has placed an attorney on probation, after finding that she withdrew unearned funds from her client trust account.  In the Matter of Jennifer L. Graham, an attorney wrote a check to herself from her client trust account in the amount of $1,100, and wrote the words “HELP ME” next to the check number in her account ledger book.  A few days later, she wrote another check in the amount of $550 with the same phrase written in the ledger.  When she presented the second check for payment, it was dishonored.  She repaid the $1,100 several days later.

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