.jpg)
Ethics issue
I think the attorney is responsible to advise the debtor to invoke the 5th
at the earliest possible opportunity. I would ask to confer with my client
as soon as the smoking gun comes out and tell him to invoke the 5th.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
I think the attorney is responsible to advise the debtor to invoke the 5th at the earliest possible opportunity. I would ask to confer with my client as soon as the smoking gun comes out and tell him to invoke the 5th.
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.com
The post was migrated from Yahoo.
I would stop it the moment the trustee tells the client why s
He she perjured her/himself. The client has not waived any of his rights and I would feel obligated to stop the trustee from steam rolling over the client. In fact I would feel it my obligation to stop there and instruct the client and then put everything on the record to preserve the record.
Sent from my iPhone
On Dec 29, 2011, at 4:06 PM, "nancybonaccorso" wrote:
> You appear with your client at the 341(a) hearing. You review the petition prior to the debtor testifying to make sure that you are on the same page as the debtor. The debtor fills out one of the customary questionnaires provided at the 341(a) hearing. The trustee starts the hearing and asks your client whether he has sold, transfered or given any property within the last four years. Your client testifies that he as not. Then the trustee brings out the smoking gun and asks the debtor whether he ever owned or participated in any way in the sale of a particular property for which he received a specific amount of money. Your client now discloses that he has. He states that he was part of the sale of a property six months prior to filing in which he received a significant amount of money from the sale of the property.
>
> You know that your client is in trouble for not disclosing the sale of the property and the funds received. You tell the trustee that you will amend the schedules and correct the issues.
>
> The trustee is not satisfied and asks the debtor why he perjured himself on the petition, the questionnaire and in his testimony and starts laying the foundation for a perjury charge by showing each document to the debtor, making him read the question on the petition aloud and reading the answer.
>
> What do you do? Can you stop the train wreck that is about to happen. At what point if any do you instruct your client not to answer any further questions for fear of a criminal perjury charge? Thoughts...
>
> Thanks,
> Nancy B. Clark
> Borowitz & Clark, LLP
>
>
I would stop it the moment the trustee tells the client why sHe she perjured her/himself. The client has not waived any of his rights and I would feel obligated to stop the trustee from steam rolling over the client. In fact I would feel it my obligation to stop there and instruct the client and then put everything on the record to preserve the record. Sent from my iPhoneOn Dec 29, 2011, at 4:06 PM, "nancybonaccorso" <nclark@blclaw.com> wrote:
You appear with your client at the 341(a) hearing. You review the petition prior to the debtor testifying to make sure that you are on the same page as the debtor. The debtor fills out one of the customary questionnaires provided at the 341(a) hearing. The trustee starts the hearing and asks your client whether he has sold, transfered or given any property within the last four years. Your client testifies that he as not. Then the trustee brings out the smoking gun and asks the debtor whether he ever owned or participated in any way in the sale of a particular property for which he received a specific amount of money. Your client now discloses that he has. He states that he was part of the sale of a property six months prior to filing in which he received a significant amount of money from the sale of the property.
You know that your client is in trouble for not disclosing the sale of the property and the funds received. You tell the trustee that you will amend the schedules and correct the issues.
The trustee is not satisfied and asks the debtor why he perjured himself on the petition, the questionnaire and in his testimony and starts laying the foundation for a perjury charge by showing each document to the debtor, making him read the question on the petition aloud and reading the answer.
What do you do? Can you stop the train wreck that is about to happen. At what point if any do you instruct your client not to answer any further questions for fear of a criminal perjury charge? Thoughts...
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP
The post was migrated from Yahoo.
This is an interesting topic. I have wondered this myself,
what is the role of the attorney at the 341 meeting. If attorney speaks up he
might come across as possibly as leading the answer. Are we there just for
clients comfort?
Paul Horn
Attorney at Law
Certified Public Accountant
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thursday, December 29, 2011 4:13 PM
Subject: RE: [cdcbaa] Ethics issue
I want to stress this is not my case but I am curious as to whether as the attorney appearing at the hearing you should even attempt to stop the interview for fear that the debtor may be brought up on criminal perjury charges. In ten years this has never happen to me but I listened to questioning of a debtor recently that made me thing of this.
Thank you,
Nancy B. Clark
100 N. Barranca Ave, Suite 250
West Covina, CA 91791
Tele: (626) 332-8600
Fax: (626) 332-8644
The post was migrated from Yahoo.
Yes
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
818-347-5800
To: "cdcbaa@yahoogroups.com"
Sent: 12/29/2011 4:06 PM
Subject: [cdcbaa] Ethics issue
You appear with your client at the 341(a) hearing. You review the petition prior to the debtor testifying to make sure that you are on the same page as the debtor. The debtor fills out one of the customary questionnaires provided at the 341(a) hearing. The trustee starts the hearing and asks your client whether he has sold, transfered or given any property within the last four years. Your client testifies that he as not. Then the trustee brings out the smoking gun and asks the debtor whether he ever owned or participated in any way in the sale of a particular property for which he received a specific amount of money. Your client now discloses that he has. He states that he was part of the sale of a property six months prior to filing in which he received a significant amount of money from the sale of the property.
You know that your client is in trouble for not disclosing the sale of the property and the funds received. You tell the trustee that you will amend the schedules and correct the issues.
The trustee is not satisfied and asks the debtor why he perjured himself on the petition, the questionnaire and in his testimony and starts laying the foundation for a perjury charge by showing each document to the debtor, making him read the question on the petition aloud and reading the answer.
What do you do? Can you stop the train wreck that is about to happen. At what point if any do you instruct your client not to answer any further questions for fear of a criminal perjury charge? Thoughts...
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP
Yes
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
818-347-5800
To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>
Sent: 12/29/2011 4:06 PM
Subject: [cdcbaa] Ethics issue
You appear with your client at the 341(a) hearing. You review the petition prior to the debtor testifying to make sure that you are on the same page as the debtor. The debtor fills out one of the customary questionnaires provided at the 341(a) hearing. The
trustee starts the hearing and asks your client whether he has sold, transfered or given any property within the last four years. Your client testifies that he as not. Then the trustee brings out the smoking gun and asks the debtor whether he ever owned or
participated in any way in the sale of a particular property for which he received a specific amount of money. Your client now discloses that he has. He states that he was part of the sale of a property six months prior to filing in which he received a significant
amount of money from the sale of the property.
You know that your client is in trouble for not disclosing the sale of the property and the funds received. You tell the trustee that you will amend the schedules and correct the issues.
The trustee is not satisfied and asks the debtor why he perjured himself on the petition, the questionnaire and in his testimony and starts laying the foundation for a perjury charge by showing each document to the debtor, making him read the question on the
petition aloud and reading the answer.
What do you do? Can you stop the train wreck that is about to happen. At what point if any do you instruct your client not to answer any further questions for fear of a criminal perjury charge? Thoughts...
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP
The post was migrated from Yahoo.
charset="US-ASCII"
I want to stress this is not my case but I am curious as to whether as
the attorney appearing at the hearing you should even attempt to stop
the interview for fear that the debtor may be brought up on criminal
perjury charges. In ten years this has never happen to me but I listened
to questioning of a debtor recently that made me thing of this.
Thank you,
Nancy B. Clark
100 N. Barranca Ave, Suite 250
West Covina, CA 91791
Tele: (626) 332-8600
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
You appear with your client at the 341(a) hearing. You review the petition prior to the debtor testifying to make sure that you are on the same page as the debtor. The debtor fills out one of the customary questionnaires provided at the 341(a) hearing. The trustee starts the hearing and asks your client whether he has sold, transfered or given any property within the last four years. Your client testifies that he as not. Then the trustee brings out the smoking gun and asks the debtor whether he ever owned or participated in any way in the sale of a particular property for which he received a specific amount of money. Your client now discloses that he has. He states that he was part of the sale of a property six months prior to filing in which he received a significant amount of money from the sale of the property.
You know that your client is in trouble for not disclosing the sale of the property and the funds received. You tell the trustee that you will amend the schedules and correct the issues.
The trustee is not satisfied and asks the debtor why he perjured himself on the petition, the questionnaire and in his testimony and starts laying the foundation for a perjury charge by showing each document to the debtor, making him read the question on the petition aloud and reading the answer.
What do you do? Can you stop the train wreck that is about to happen. At what point if any do you instruct your client not to answer any further questions for fear of a criminal perjury charge? Thoughts...
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP
The post was migrated from Yahoo.