Criticism of Poll on Credit Reports
Posted: Wed Aug 29, 2012 10:37 am
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
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