QUESTION
Is it legal for an attorney to assist a debtor with serial bankruptcy filings to avoid foreclosure?
Asked on Jan 08th, 2017 on Bankruptcy - California
More details to this question:
An attorney is claiming they have received no monetary payment since June 2015 when he started representing his client in a foreclosure case which has since been postponed twice due to serial bankruptcy filings that are fraudulent due to the attorney and client not filing mandated documents. Is this improper behavior on the attorney’s part? Other attorneys we have spoken to trying to find an attorney to represent a creditor states that they do not file any bankruptcy paperwork until they have all the debtors’ paperwork in hand.
4 ANSWERS
I hear your side of the story, which contains a lot of speculation and third hand information and makes serious charges. If you have any real evidence of attorney misconduct, contact the office of the US Trustee, who can investigate. But you are not in the position of judging how an attorney conducts his or her practice of law.
Answered on Mar 08th, 2017 at 5:38 AM
Possibly. A creditor can also object to the extension of the automatic stay. You really need to meet with a lawyer experienced in representing creditors.
Answered on Mar 08th, 2017 at 5:38 AM
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It is customary for attorneys to NOT file UNTIL they have received all of the documents necessary from their client. HOWEVER, if the client comes to you on the "eve" of the foreclosure sale, you HAVE to file an emergency petition then in order to stop the foreclosure sale. Multiple filings, however, are NOT typical.
Answered on Mar 08th, 2017 at 5:37 AM
Serial bankruptcy filings for a client that is not eligible or serious would be an ethical violation. Most likely the client filed in pro per.
Answered on Mar 08th, 2017 at 5:36 AM