fraudulent credit counseling certificate
Posted: Wed Mar 20, 2013 12:11 pm
As an aside, we had a lawyer in Vegas sanctioned for doing this very thing. Apparently his staff would routinely take the counseling for the clients. He was a large filer and I guess he thought he control his work flow a little easier that way! I don't believe that any of his cases got dismissed because of it, however.
>
> Gio:
>
> Don't think the court would dismiss in these circumstances. If the debtor
> took advantage of this alleged injustice, even a small advantage, like
> getting behind the automatic stay, the court might not let the debtor off
> of the bankruptcy fly paper. It's sticky, you know?
>
> Also I would be very skeptical of the allegation. Most lawyers would not
> cheat like that. I would guess a secretary sat with the client, asked the
> questions, one by one, and just did the typing. A confused debtor could
> state later the debtor did not take the course.
>
>
> dennis
>
> On Fri, Mar 15, 2013 at 11:41 AM, Giovanni Orantes wrote:
>
> > **
> >
> >
> > Facts:
> >
> > An attorney had his secretary take the credit counseling class for the
> > debtor and filed the certificate with the Court and may or may not have had
> > the debtor, a non-English reader, sign the Exhibit D attesting that he took
> > it, but the Debtor was never told he had to take the class, only that he
> > had to pay extra for the secretary to get the certificate for him.
> >
> > Question:
> > If I withdraw the credit counseling certificate, must the case be
> > dismissed? Dismissal of the case would be ideal in this situation that has
> > gotten too messy to describe here -- I just got the case after many months
> > of activity and am still sorting through what happened.
> >
> > --
> > 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@...
> > website: www.gobklaw.com
> >
> > *Board Certified - Business Bankruptcy Law - American Board of
> > Certification
> > *Board Certified - Consumer Bankruptcy Law - American Board of
> > Certification
> >
> >
> >
> >
> >
> >
>
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