Hi John:
It is your client's duty to inform the Trustee. If they fail to tell the
trustee about the inheritance. There are serious consequences for not
reporting it. As a good attorney if they are not your client (like Mr.
Lever references) you may not owe a legal duty to report it to the Trustee.
In fact, protecting attorney client privilege means you don't go to the
trustee at all. But from a moral standpoint..... I would see my duty to
inform the client of their duty, and their potential downside if Trustee
finds out about it. Then the onus is on them to decide what is the right
thing to do.
Perhaps the way to do this is to do a motion to reopen immediately and
convert to chapter 13. This way the clients have the ability to do a 100%
plan to pay unsecured creditors. They can cross their fingers and hope
most creditors who got discharged in the 7 have already thrown away their
files and don't file claims.
That would be my recommendation.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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On Mon, Nov 4, 2013 at 4:48 PM, John D. Faucher
wrote:
>
>
> Hello listers:
> I'm curious how the trustee gets to an inheritance.
> Facts: petition filed 6/8/2013, discharge entered 10/15/2013, case closed
> 10/21/2013. Debtor's brother keels over 10/28/2013, leaving debtors with a
> sizeable inheritance that will probably pay all unsecured debt.
> Do I have a duty to contact the trustee regarding this inheritance? I'm
> thinking I must. Where is that articulated?
> Or do we leave the trustee to his own devices to figure out that there is
> an inheritance? That somehow seems unlikely.
>
>
> John D. Faucher
> Faucher & Associates
> *818/889-8080 *
>
>
>
Hi John:
It is your client's duty to inform the Trustee. If they fail to tell the trustee about the inheritance. There are serious consequences for not reporting it. As a good attorney if they are not your client (like Mr. Lever references) you may not owe a legal duty to report it to the Trustee. In fact, protecting attorney client privilege means you don't go to the trustee at all. But from a moral standpoint..... I would see my duty to inform the client of their duty, and their potential downside if Trustee finds out about it. Then the onus is on them to decide what is the right thing to do.
Perhaps the way to do this is to do a motion to reopen immediately and convert to chapter 13. This way the clients have the ability to do a 100% plan to pay unsecured creditors. They can cross their fingers and hope most creditors who got discharged in the 7 have already thrown away their files and don't file claims.
That would be my recommendation.
R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice for Ex Parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
On Mon, Nov 4, 2013 at 4:48 PM, John D. Faucher <
j.d.faucher@sbcglobal.net> wrote:
Hello listers:
I'm curious how the trustee gets to an inheritance.
Facts: petition filed 6/8/2013, discharge entered 10/15/2013, case closed 10/21/2013. Debtor's brother keels over 10/28/2013, leaving debtors with a sizeable inheritance that will probably pay all unsecured debt.
Do I have a duty to contact the trustee regarding this inheritance? I'm thinking I must. Where is that articulated?
Or do we leave the trustee to his own devices to figure out that there is an inheritance? That somehow seems unlikely.
John D. FaucherFaucher & Associates
818/889-8080
The post was migrated from Yahoo.