Dear Colleagues:
I have come across clients in the past, and two very recently, who hired
either a non-attorney (commercial loan broker of some sort or "notarios")
or a very inexperienced recently-minted attorney who prepared the petition
incorrectly or otherwise engaged in acts or omissions that have now put the
debtors on the verge of losing their real estate property. This could have
been avoided if some Supreme Court-approved pre-bankruptcy planning had
been done; if more care had been taken when drafting the petition; or, if
the clients had been simply warned to stay away from a bankruptcy filing.
In my two most recent cases, the clients' first-language is not english --
indeed, their english skills are very low as they don't need to use the
language frequently at work.
Some Judges tend not to have any sympathy for the debtors and grant relief
from stay (which leads to their loss of their hard-earned propty) as they
believe the debtors should look to the non-attorney or attorney who put
them in this situation for compensation. Unfortunately, it is often
difficult even to locate non-attorneys and more often than not they have no
assets to go after and liability against the attorneys is difficult to pin
down as they present only their side of the story.
Is there any study or some other report out there about this that I
can cite to the Court?
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
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
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Dear Colleagues:I have come across clients in the past, and two very recently, who hired either a non-attorney (commercial loan broker of some sort or "notarios") or a very inexperienced recently-minted attorney who prepared the petition incorrectly or otherwise engaged in acts or omissions that have now put the debtors on the verge of losing their real estate property. This could have been avoided if some Supreme Court-approved pre-bankruptcy planning had been done; if more care had been taken when drafting the petition; or, if the clients had been simply warned to stay away from a bankruptcy filing. In my two most recent cases, the clients' first-language is not english -- indeed, their english skills are very low as they don't need to use the language frequently at work.
Some Judges tend not to have any sympathy for the debtors and grant relief from stay (which leads to their loss of their hard-earned propty)as they believe the debtors should look to the non-attorney or attorney who put them in this situation for compensation. Unfortunately, it is often difficult even to locate non-attorneys and more often than not they have no assets to go after and liability against the attorneys is difficult to pin down as they present only their side of the story.
Is there any study or some other report out there about this that I cancite to the Court?-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
go@gobklaw.comwebsite:
www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of Certification
The post was migrated from Yahoo.