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Poll on Credit Reports
I always get credit reports. I give a copy to clients. I make them sign
disclosure that these are the only creditors I know about and if there are
others they must inform me in writing so they can be added. If they wait
until case is filed then they have to pay an additional fee to amend the
creditor list.
Renay.
I always get credit reports. I give a copy to clients. I make them sign disclosure that these are the only creditors I know about and if there are others they must inform me in writing so they can be added. If they wait until case is filed then they have to pay an additional fee to amend the creditor list.
Renay.
The post was migrated from Yahoo.
I always have my client(s) pull their reports as noted by Link below, and won't proceed without them -- one never knows if the client may have forgotten about an old debt. If they need help, we help them pull the reports. So, although I did answer the poll, using the I never do, but ask the client to do so option,I would have preferred a response that allowed us to check something like, "I never do, but always ask the client to." It will certainly be interesting to see the results of thepoll.
Oneinteresting note: About a year ago, I was in the 341 hearing room waiting for my client's turn when the trustee (in Santa Ana, I believe) asked another attorney if he had reviewed the credit reports. When the attorney said no, the trustee said that it should be part of the attorney's "inquiry" to confirm his clients' eligibility for a specific bankruptcy chapter and to be able to certify the correctness of the information in the petiton. I didn't pay a lot of attention to it because I always get the credit reports.
Law Offices of Laura E Young2122 N. Broadway
Santa Ana CA 92706
714-571-0042
714-571-0119 (fax)
lyounglaw@yahoo.com
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Tuesday, August 28, 2012 12:54 PM
Subject: [cdcbaa] Criticism of Poll on Credit Reports
I intended to answer the poll, but found the question to be phrased in a way that no answer choice applied. I give my clients a list of items to obtain and prepare to assist me with preparation of their case. Obtaining all three credit reports through http://www.annualcreditreport.com/ is on the list. However, if the client has difficulty pullingether or I pull the report for them while they are on the phone. Therefore, it is not true that I always pull the report pull the report, the client usually does. Only if it appears necessary is misleading, because I believe it is almost always necessary to have the credit report and the answer seems to apply the opposite. Never is wrong as explained above.
Therefore, I did not take the poll, but would gladly do so if some time was spend on developing a better question and answer choices.
Link Schrader, Attorney
Law Office of Link W. Schrader
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Dennis McGoldrick
Sent: Tuesday, August 28, 2012 12:37 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Poll on Credit Reports
OK, if we are taking a poll, this could be discovered, and could become evidence in a case regarding malpractice for not obtaining a credit report prefiling.
SO IT IS IMPORTANT WE GET A GOOD SAMPLING. Please go to our yahoo group, cdcbaa, click on polls, and vote.
The post was migrated from Yahoo.
great point. And I was going to ask John Sheller about that. If its 55-45 to get the credit report, does that mean we are all required to get them? I suspect the answer is much more complicated. It could depend on how much experience the atty has, whether he-she is a certified specialist, whether the case has any signals, etc. I think having Hayes, Shinbrot and McGoldrick say it is not mandatory is a huge defense but we will hear more about that on 9/15. Please vote (and don't vote more than once). Jon
>
> OK, if we are taking a poll, this could be discovered, and could become evidence in a case regarding malpractice for not obtaining a credit report prefiling.
>
> SO IT IS IMPORTANT WE GET A GOOD SAMPLING. Please go to our yahoo group, cdcbaa, click on polls, and vote.
>
> http://finance.groups.yahoo.com/group/c ... id13150539
>
>
> I also, almost never, get a credit report, so let us know how you run your office.
>
> dennis
>
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Tuesday, August 28, 2012 9:26 AM
> Subject: [cdcbaa] Poll on Credit Reports
>
>
>
> By the way, please vote on the poll re credit reports. I have never obtained a credit report for the client in 32 years. Whether that is malpractice by itself is an issue that will be discussed (a little) at the Sept 15 program. As attys we are required to do it the way the reasonable attorney in the neighborhood does it. John Sheller, malpractice defense expert, will talk about what that means (and I will listen). I need to get as many opinions as I can to make the discussion more meaningful. Jon
>
The post was migrated from Yahoo.
OK, if we are taking a poll, this could be discovered, and could become evidence in a case regarding malpractice for not obtaining a credit report prefiling.
SO IT IS IMPORTANT WE GET A GOOD SAMPLING. Please go to our yahoo group, cdcbaa, click on polls, and vote.
The post was migrated from Yahoo.
I will be at ABI in Vegas that day, but I very much want to know what the malpractice attorney thinks, I like you have never done it, we tell our clients to do and put the burden of listing creditors on them.
Jeffrey S. Shinbrot, Esquire
THE SHINBROT FIRM
8200 Wilshire Boulevard
Suite 400
Beverly Hills, California 90211
Phone: (310) 659-5444
jeffrey@shinbrotfirm.com
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Sent: Tuesday, August 28, 2012 09:26 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Poll on Credit Reports
By the way, please vote on the poll re credit reports. I have never obtained a credit report for the client in 32 years. Whether that is malpractice by itself is an issue that will be discussed (a little) at the Sept 15 program. As attys we are required to do it the way the reasonable attorney in the neighborhood does it. John Sheller, malpractice defense expert, will talk about what that means (and I will listen). I need to get as many opinions as I can to make the discussion more meaningful. Jon
Yahoo! Groups Links
The post was migrated from Yahoo.
By the way, please vote on the poll re credit reports. I have never obtained a credit report for the client in 32 years. Whether that is malpractice by itself is an issue that will be discussed (a little) at the Sept 15 program. As attys we are required to do it the way the reasonable attorney in the neighborhood does it. John Sheller, malpractice defense expert, will talk about what that means (and I will listen). I need to get as many opinions as I can to make the discussion more meaningful. Jon
The post was migrated from Yahoo.