[Atty. stated he "thought we would need a ch.13 after our ch.7 in order to keep our home and car" So, he filed it.....we were not going to lose the house or car, they were current at time of BK.]
I'm a bankruptcy attorney. What happened here is unfortunate, but repairable. But in my opinion, how the attorney handled it since the mistake was made is pure CYA on the attorney's part.
When I started reading this thread, I immediately recognized the problem. The attorney (or one of his/her employees) was filing cases electronically and accidentally filed a Chapter 13 case for you, when they meant to file a Chapter 13 case for someone else (probably with a similar name). It is a horrible mistake, but it happens. The problem is, it is a ton of work to correct it.
But, then I got to the part where he offered the car/house reason for filing the Chapter 13, and alarm bells went off in my head. How could he intentionally file a Chapter 13 case for you, without a signed Petition?
A bankruptcy (Chapter 13 or Chapter 7) is initiated by filing a Bankruptcy Petition with the Court Clerk. You (the debtor) must sign the Bankruptcy Petition. However, the copy filed with the court doesn't normally have your actual signature, because it is an electronic copy created using bankruptcy software. On the petition filed with the Court, your signature would look like "/s/ John Doe". The software used to create the documents is usually the same software used to file with the Court, so it is easy to pick the wrong case, push a few buttons, and file a bankruptcy. With your name, address, and socials, I could physically file a (invalid) bankruptcy for you in about 5 minutes.
So. although the attorney doesn't need a Petition with your signature on it to physically file the case, he MUST have an original Chapter 13 Bankruptcy Petition with your actual signature on it. Does the attorney have that? If so, then the powers-that-be will say you "knew" you were filing a Chapter 13 bankruptcy. Other factors could come into play here, such as when you signed it, etc., but you should talk with another, competent bankruptcy attorney in your area to discuss that.
But, if he doesn't have a Petition, then you have a gigantic hammer and the attorney needs to pay to have this bankruptcy struck from the record (an "adversary proceeding" may be required), as well as certified letters with certified copies of the striking order sent to all your creditors and the CRAs. It sounds like he made an excusable error, compounded it by lying to you, and compounded it further by lying to the Court. If he doesn't become extremely cooperative after learning that you know he needs an original signed petition, then perhaps a letter directly to the Bankruptcy Judge and/or Chapter 13 Trustee would resolve your problem. I cannot speak for other bankruptcy courts, but the ones I practice in would bar this attorney from future practice for lying to you and the court, instead of owning up to the mistake and fixing it.
Good luck. Again, this problem can be corrected. It just takes a bunch of work on somebody's part. Who pays for it depends on whether you signed a Chapter 13 Bankruptcy Petition.