Man suing Edwardsville attorney over bankruptcy case objects to allegations

By Heather Isringhausen Gvillo | Nov 8, 2013

A man suing an Edwardsville attorney denied the allegations against him in a legal malpractice lawsuit.

A man suing an Edwardsville attorney denied the allegations against him in a legal malpractice lawsuit.

According to the lawsuit filed in April, Mark Warning claims he hired Susan Murphy to represent him in a bankruptcy case in November 2010, but that she allegedly failed to provide proper counsel.

Warning contends in his suit that he was notified that Mark Van Hoy filed an objection in March 2011 to the discharge of $31,000 that Warning owed him and that a hearing was set.

That is when Warning asserts he immediately sought advice from Murphy and was told attorneys fees for a bankruptcy case would cost him $1,000. Warning alleges he paid the fee, but was not given any advice on the options available regarding the objection.

Unable to provide the retainer at that time, Warning claims he was able to obtain a 30-day continuance. In June 2011, the suit states, the court entered an order of default on the money owed to Van Hoy.

Warning alleges Murphy didn’t advise him that he could re-file the bankruptcy matter at a later date and try to resolve the objection with a payment plan.

Warning on Oct. 29 responded to Murphy’s second request for admission of fact and genuineness of documents, in which he denied most of the allegations and objected to the rest.

Murphy claims she discussed the previous case prior to filing for bankruptcy. Warning states in his objection that the case was discussed, but that it before Murphy agreed to represent him on the case.

He argues that the other admissions he objected to are not relevant to the specific lawsuit regarding his wages and Capitol One Bank’s prior outstanding judgments against him.

Warning responded by filing his own second request for admissions of fact directed at the defendant. He wants Murphy to admit she did not provide anything in writing or email detailing his options or that the bankruptcy could be dismissed and re-filed and that it was her responsibility to do so.

Warning seeks a judgment of more than $50,000 in damages in court costs. He is representing himself in the matter.

David K. Simkins of Wuestling & James LC in St. Louis represents Murphy.

Madison County Circuit Judge Andreas Matoesian late last month scheduled a case management conference for 9 a.m. Dec. 18 and a motion hearing for 9 a.m. Nov. 18.

Madison County Circuit Court case number 13-L-571

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