Nancy-
A debtor at the 341(a) cannot take the 5th. If the debtor does take the
5th. The Trustee has to stop the 341(a) and call the UST in at that time.
Lesley
On Thu, Dec 29, 2011 at 5:03 PM, Patrick T. Green wrote:
> **
>
>
> Nancy:****
>
> ** **
>
> I will interested to hear others thoughts. Mine are: (1) definitely stop
> the client from answering further questions. (2) By taking the fifth or
> terminating the hearing. It is not a courtroom, the tee is not a judge
> (although some think they are) so he cannot hold the client in contempt.
> It is time for damage control, which starts with referring client to
> criminal counsel and withdrawing from representation.****
>
> ** **
>
> If you have any questions or concerns please contact me.****
>
> ** **
>
> Pat****
>
> ** **
>
> Patrick T. Green****
>
> Attorney at Law****
>
> 1010 E. Union St. Suite 206****
>
> Pasadena, CA 91106****
>
> Tel: 626-449-8433****
>
> Fax: 626-449-0565****
>
> Email:
pat@fitzgreenlaw.com****
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *Nancy Clark
> *Sent:* Thursday, December 29, 2011 4:13 PM
> *To:*
cdcbaa@yahoogroups.com
>
> *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****
>
> [image: Description: untitled]****
>
> 100 N. Barranca Ave, Suite 250****
>
> West Covina, CA 91791****
>
> Tele: (626) 332-8600****
>
> Fax: (626) 332-8644****
>
>
www.blclaw.com ****
>
> ****
>
> ****
>
> ****
>
>
> ****
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *nancybonaccorso
> *Sent:* Thursday, December 29, 2011 4:06 PM
> *To:*
cdcbaa@yahoogroups.com
> *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****
>
> ****
>
>
>
Lesley B. Davis, Esq.
Lesley Davis Law
21601 Vanowen Street, Suite 208
Canoga Park, CA 91303
lesleydavislaw@gmail.com
424-234-3558 Direct
818-337-2191 Fax
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Nancy-
A debtor at the 341(a) cannot take the 5th. If the debtor does take the 5th. The Trustee has to stop the 341(a) and call the UST in at that time.
Lesley
On Thu, Dec 29, 2011 at 5:03 PM, Patrick T. Green <
pat@fitzgreenlaw.com> wrote:
Nancy:
I will interested to hear others thoughts. Mine are: (1) definitely stop the client from answering further questions. (2) By taking the fifth or terminating the hearing. are) so he cannot hold the client in contempt. It is time for damage control, which starts with referring client to criminal counsel and withdrawing from representation.
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email:
pat@fitzgreenlaw.com
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of Nancy Clark
Sent: Thursday, December 29, 2011 4:13 PMTo:
cdcbaa@yahoogroups.comSubject: 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.
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