The ‘Jersey Shore’ star’s attorney claims the nude post-plastic surgery photos of J-Woww were taken while she was passed out — isn’t that just horrible?

J-Woww is in the middle of a huge legal battle with her ex-boyfriend Tom Lippolis, and it’s all because he wants to sell naked photos of her! HollywoodLife.com spoke exclusively with J-Woww’s attorney, Rudy Fusco, who says his client had “no idea” these photos were ever taken, and that they discovered Tom had been shopping the pictures to “magazine outlets over the summer.” Can you imagine if you were in J-Woww’s position?

“Jenni came to me and told me that she heard rumors that Tom was trying to sell naked photos of her that she had no idea there were ever photos taken,” Rudy tells us. “Jenni says she must have been under anesthesia when they were taken. She is very upset but is going to try and remain out of the public legal battle right now.”

Tom admitted to RadarOnline.com that he did take photos of his J-Woww, before and after her breast augmentation and liposuction.

“She is really concerned I’m going to sell nude photos of her,” Tom told the site. “”She doesn’t want people to see what she looked like before she had all her surgeries …  She is just upset because I have this over her head.”

J-Woww’s attorney sent an official letter to Tom on Sept. 29 asking him to not distribute the photos — but never received a response. Tom filed an unrelated lawsuit against J-Woww on Dec. 3, seeking compensation on grounds that he was “never paid” for several of J-Woww’s appearances when he was her manager. Both parties attorneys went to court Jan. 5 for Tom’s lawsuit and are waiting for Judge Jeffrey Brown‘s decision.

“It will be at least a couple of weeks before we hear anything,” Rudy tells us. “The judge is trying to schedule a phone conference as soon as next week.”

— Chloe Melas and Jessica Finn