A homeowner facing foreclosure who filed for bankruptcy protection in violation of a court order on the advice of his attorney should be awarded “substantial” monetary damages for legal malpractice, a Long Island judge has ruled.
Following a bench trial in October and December 2009, Supreme Court Justice Thomas F. Whelan of Suffolk County (See Profile) held that the homeowner, Nori Mizuno, who lost his $870,000 home to foreclosure in April 2002, could sue for malpractice and recover damages equal to the equity remaining in the home.
