.jpg)
Criticism of Poll on Credit Reports
HI NICHOLAS,
Thank you for your excellent input on this
important issue.
I have been troubled by the apparent coinflict between
Bankruptcy Rule 9011(b) requiring Attorneys certifying
"to the best of the person's knowledge, information and belief
formed after an inquiry reasonable under the ciecumstances,"
and the California State Bar rules requiring loyalty to
your client.
Your solution seems to satisfy both of these requirements.
Thanks again.
sal Sciortino
________________________________
To: "cdcbaa@yahoogroups.com"
Cc: "ngebelt@goodbye2debt.com"
Sent: Tuesday, August 28, 2012 5:42 PM
Subject: RE: [cdcbaa] Re: Criticism of Poll on Credit Reports
Dear Jon,
I completed the poll, but thought Id chime in with a bit more detail.
I always get the credit reports from Suite Solutions because they provide them in a format that automatically downloads into the Best Case software F but its very easy and really only takes a few seconds). The whole process of ordering the credit reports and downloading them into the software literally takes no more than two minutes, and saves quite a bit of typing time. The reports cost $35 per person, and that fee is included in the fee I charge for the bankruptcy (I disclose this fact in my letter of engagement).
Once I have downloaded the credit reports into the debt schedules, I go through each entry with the client I have two monitors, one facing the client, the other facing me, so the client can follow along. As we look at a particular entry on a debt schedule, I ask the client for the most recent statement received from the given creditor, and any collection letters received on the debt. The most recent statement and the collection letters give me additional relevant addresses to include in the mailing list, and let me verify account numbers and balances.
In my letter of engagement I state that the credit reports may have errors and omissions, and that the client is required to provide all information regarding any creditors not listed in the credit reports. I include language in the letter indicating that failure to list a debt may make it nondischargeable because of 523(a)(3). Once in a great while I willdiscuss In re Beezley if I am specifically asked about the consequences of failing to list a long forgotten debt, but its rare. I warn the client about the severe penalties of failing to list a debt. This appears to instill a seriousness about the importance of including all debts. I recently wrote a blog post about the consequences of being less than candid in bankruptcy papers (http://www.southerncaliforniabankruptc
The post was migrated from Yahoo.
Forgot to "sign" my response!
-Roksana D. Moradi
Associate Attorney
Law Offices of M. Jonathan Hayes
>
> We actually get credit reports from clients the same way -- I really push annualcreditreport.com to all clients. The vast majority of our clients provide us with their credit reports voluntarily, they would rather send the report than type or write out every single credit card, etc.(plus the account number and date debt incurred are listed). That way they only need to supplement the report with doctor bills and the like.
>
> The poll asks whether YOU (an attorney) pull the credit report -- not if you USE a credit report in preparing the schedules. Sounds like you fit in the "only if it appears necessary" category...
>
> --- In cdcbaa@yahoogroups.com, "Link W. Schrader" wrote:
> >
> > 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 www.annualcreditreport.com is on the list. However, if the client has difficulty l the report together or I pull the report for them while they are on the phone. Therefore, it is not true that I always pull the report " sometimes the client does. I do not usuallynecessary 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
> >
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.
> >
> > 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.
We actually get credit reports from clients the same way -- I really push annualcreditreport.com to all clients. The vast majority of our clients provide us with their credit reports voluntarily, they would rather send the report than type or write out every single credit card, etc.(plus the account number and date debt incurred are listed). That way they only need to supplement the report with doctor bills and the like.
The poll asks whether YOU (an attorney) pull the credit report -- not if you USE a credit report in preparing the schedules. Sounds like you fit in the "only if it appears necessary" category...
>
> 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 www.annualcreditreport.com is on the list. However, if the client has difficulty l the report together or I pull the report for them while they are on the phone. Therefore, it is not true that I always pull the report " sometimes the client does. I do not usuallynecessary 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
>
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.
>
> 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.