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Under disclosing funds in bank account
I second that strategy. I always have the client look up the balance on the internet before the case is filed.
Law Office of Catherine Christiansen
On Monday, August 18, 2014 12:41 PM, "Bert Briones bertbri@ymail.com [cdcbaa]" wrote:
planning and will amend B and C. My question was about the strength of the defenseto an objection to the exemption and how to structure the retainer.I am fairly certain this particular trustee will
On Saturday, August 16, 2014 8:19 AM, "Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa]" wrote:
I agree with Mark. You have to amend. If a trustee went after debtor, it appears you have a good defense prior attorney made a mistake and debtor disclosed at 341(a).
We all know there are many incompetent attorneys out there. If there is any indication this attorney did more than make an innocent mistakes office. Since you subd in you can ask the prior attorney for debtors file.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, August 15, 2014 11:11 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Under disclosing funds in bank account
What's the decision you're trying to make? You have to amend Schedule "B" and "C". If the Trustee objects, you defend. Be sure to explain to client you may need to be paid extra to deal with this.
Not that you could have prevented it in this case, but I always have my clients give me the exact balances in their bank accounts on the date I file the case.
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Mark J. Markus
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On 8/15/2014 6:39 PM, Bert Briones bertbri@ymail.com [cdcbaa] wrote:
I have a new client(filed case withprior counsel)who under disclosed her funds in a bank account. She disclosed $1000 despite having $20,000 in the account. The wildcard exemption is available for the entire $20,000. I am thinking if I amend schedule C to exempt the entire 20k, the trustee will object under 521(a)(1) and make a bad faith argument.The debtor claims it was not intential, but a mistake by the first attorney. Here the debtor disclosed upon examination at the 341 the true balance. It seems to me that they may amend but I see some potential problems with this trustee. Any words from my wise friends out there?
The post was migrated from Yahoo.
I have a new client(filed case withprior counsel)who under disclosed her funds in a bank account. She disclosed $1000 despite having $20,000 in the account. The wildcard exemption is available for the entire $20,000. I am thinking if I amend schedule C to exempt the entire 20k, the trustee will object under 521(a)(1) and make a bad faith argument.The debtor claims it was not intential, but a mistake by the first attorney. Here the debtor disclosed upon examination at the 341 the true balance. It seems to me that they may amend but I see some potential problems with this trustee. Any words from my wise friends out there?
The post was migrated from Yahoo.