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Ch 13 when spouses are separating
In law school they would tell us that whenever a potential conflict
existed, there would have to be waivers at the beginning of the case. In
particular, H and W would have to know that communications between them and
you are not privileged as from their spouse.
Then, if an actual conflict arose, the proper thing to do would be to
withdraw completely.
I don't know if California follows every bit of the above. I do personally
think that you should not represent both H and W in separate bankruptcies
because there is a conflict here. H or W might be able to structure things
in such a way that benefits them to the detriment of their spouse. Is it
possible to waive that type of thing? How far do you push that? Do you not
mention certain things to the other spouse?
I'm just thinking out loud and I probably shouldn't.
Sincerely,
Michael Avanesian
On Tue, Nov 12, 2013 at 4:44 PM, Kirk Brennan wrote:
>
>
> Anyone have a conflict waiver they are willing to share?
>
>
> On Tue, Nov 12, 2013 at 2:48 PM, Leventhal Law Group, P.C. wrote:
>
>>
>>
>> More than likely a conflict has arose and would need to withdraw.
>>
>> Or in the alternative a conflict waiver from all parties.
>>
>>
>> Jonathan Leventhal, Esq..
>> Leventhal Law Group, P.C.
>> 818-347-5800
>>
>> This email and any attachments thereto may contain private, confidential,
>> and privileged material for the sole use of the intended recipient. Any
>> review, copying, or distribution of this email (or any attachments thereto)
>> by others is strictly prohibited. If you are not the intended recipient,
>> please contact the sender immediately and permanently delete the original
>> and any copies of this email and any attachments thereto.
>>
>> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>>
>> Note: The Leventhal Law Group, P.C. does not represent you until a
>> written fee agreement has been signed by you and a representation ive of
>> the Leventhal Law Group, P.C. and all fees listed in the agreement have
>> been paid.
>>
>>
>>
>> -------- Original message --------
>> Date: 11/12/2013 2:37 PM (GMT-08:00)
>> To: Cdcbaa Yahoo Listserv
>> Subject: [cdcbaa] Ch 13 when spouses are separating
>>
>>
>>
>>
>> Clients retain attorney to file chapter 13. Attorney is mostly done
>> preparing documents for filing when clients disclose that they are
>> separating. What are attorneys options for handling this?
>>
>>
>
>
> --
> Kirk Brennan
>
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> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
In law school they would tell us that whenever a potential conflict existed, there would have to be waivers at the beginning of the case. In particular, H and W would have to know that communications between them and you are not privileged as from their spouse.
Then, if an actual conflict arose, the proper thing to do would be to withdraw completely.I don't know if California follows every bit of the above. I do personally think that you should not represent both H and W in separate bankruptcies because there is a conflict here. H or W might be able to structure things in such a way that benefits them to the detriment of their spouse. Is it possible to waive that type of thing? How far do you push that? Do you not mention certain things to the other spouse?
The post was migrated from Yahoo.
Anyone have a conflict waiver they are willing to share?
On Tue, Nov 12, 2013 at 2:48 PM, Leventhal Law Group, P.C. wrote:
>
>
> More than likely a conflict has arose and would need to withdraw.
>
> Or in the alternative a conflict waiver from all parties.
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representation ive of
> the Leventhal Law Group, P.C. and all fees listed in the agreement have
> been paid.
>
>
>
> -------- Original message --------
> Date: 11/12/2013 2:37 PM (GMT-08:00)
> To: Cdcbaa Yahoo Listserv
> Subject: [cdcbaa] Ch 13 when spouses are separating
>
>
>
>
> Clients retain attorney to file chapter 13. Attorney is mostly done
> preparing documents for filing when clients disclose that they are
> separating. What are attorneys options for handling this?
>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Anyone have a conflict waiver they are willing to share?On Tue, Nov 12, 2013 at 2:48 PM, Leventhal Law Group, P.C. <law@3yl.com> wrote:
More than likely a conflict has arose and would need to withdraw.
Or in the alternative a conflict waiver from all parties.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If
you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representation ive of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
"_blank">kirkinhermosa@gmail.com>
Date: 11/12/2013 2:37 PM (GMT-08:00)
To: Cdcbaa Yahoo Listserv <cdcbaa@yahoogroups.com>
Subject: [cdcbaa] Ch 13 when spouses are separating
Clients retain attorney to file chapter 13. Attorney is mostly done preparing documents for filing when clients disclose that they are separating. What are attorneys options for handling this?
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
More than likely a conflict has arose and would need to withdraw.
Or in the alternative a conflict waiver from all parties.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representation ive of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
Date: 11/12/2013 2:37 PM (GMT-08:00)
To: Cdcbaa Yahoo Listserv
Subject: [cdcbaa] Ch 13 when spouses are separating
Clients retain attorney to file chapter 13. Attorney is mostly done preparing documents for filing when clients disclose that they are separating. What are attorneys options for handling this?
More than likely a conflict has arose and would need to withdraw.
Or in the alternative a conflict waiver from all parties.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If
you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representation ive of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
Date: 11/12/2013 2:37 PM (GMT-08:00)
To: Cdcbaa Yahoo Listserv <cdcbaa@yahoogroups.com>
Subject: [cdcbaa] Ch 13 when spouses are separating
Clients retain attorney to file chapter 13. Attorney is mostly done preparing documents for filing when clients disclose that they are separating. What are attorneys options for handling this?
The post was migrated from Yahoo.
Clients retain attorney to file chapter 13. Attorney is mostly done
preparing documents for filing when clients disclose that they are
separating. What are attorneys options for handling this?
Clients retain attorney to file chapter 13. Attorney is mostly done preparing documents for filing when clients disclose that they are separating. What are attorneys options for handling this?
The post was migrated from Yahoo.