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Lawyers Ethics in Bankruptcy Case

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  • 01-27-2012, 05:35 PM
    amyn19
    Lawyers Ethics in Bankruptcy Case
    My question involves bankruptcy in the state of: Maryland

    My sister has an ongoing case. The lawyer took her money, got her to court, told her that after he last payment her case would be final then everything was thrown out because the lawyer did not include her husbands ground rents which he has not collected from in two years because people wont pay.

    The Lawyer was aware he had them, but did not include them in their case. She was told by another lawyer after obviously firing this one that she can be locked up for fraud. How is this so when the error was on the lawyers end?

    Any help or advice would be great.
  • 01-28-2012, 07:03 AM
    despritfreya
    Re: Lawyers Ethics in Bankruptcy Case
    Quote:

    My sister has an ongoing case
    .

    My suggestion is that your sister post the question since she knows what is really going on.

    Quote:

    The lawyer took her money, got her to court.
    I assume this means your sister paid for the filing of a Chapter 7, the case was filed and she and the attorney appeared at the 341 meeting.

    Quote:

    (The attny) told her that after (t)he last payment her case would be final.
    This makes no sense. What last payment?

    Quote:

    (T)hen everything was thrown out because the lawyer did not include her husbands ground rents which he has not collected from in two years because people wont pay.
    First, what are “ground rents”?
    Second, what do you mean “thrown out”? Was the case dismissed or was she denied a discharge? For that matter, what Chapter did she file, 7 or 13?

    Quote:

    The Lawyer was aware he had them, but did not include them in their case.
    I will assume your sister reviewed the documents before she signed them. If these “ground rents” were not listed why did she sign the documents?


    Quote:

    She was told by another lawyer. . . that she can be locked up for fraud.
    Highly unlikely unless she intentionally committed bk fraud.

    The fact is that you do not know what is really going on. We need correct information to even attempt to help. If she wants to, have you sister post to explain the problems with her case.

    Des.
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