Attorney obtained a dismissal of a legal malpractice action arising out of an attorney's filing of a Chapter 13 Bankruptcy wherein plaintiff alleged that the attorney failed to advise the clients of various avenues available to them

Attorney obtained a dismissal of a legal malpractice action arising out of an attorney's filing of a Chapter 13 Bankruptcy wherein plaintiff alleged that the attorney failed to advise the clients of various avenues available to them.  The plaintiffs alleged that the attorney failed to dismiss the Chapter 13, and re-file with an updated list of creditors.  The plaintiffs were unable to prove that there were other avenues of relief available to the clients and their expert was unable to opine that the Bankruptcy Court would have accepted an amended or new plan of reorganization.  The bankruptcy matter was converted to a Chapter 7 without objection by the attorney and plaintiffs were unable to demonstrate that even if the attorney had opposed the application to convert, that the matter would not have been converted to a Chapter 7.  Accordingly, opposing the application to convert would have been futile.