Any ethical issue with filing a 13 that can't be confirmed?
Posted: Thu Jul 29, 2010 10:53 am
You're asking how judges would react to you file a case under a
Chapter that you know (and which the schedules facially show) your
client is ineligible for? How much do you value your reputation?
Worst thing that will happen to your client is the case will be
dismissed with a bar on refiling. The damage to your reputation,
however, could be considerably longer term.
Unless there's some question about eligibility, I would file it
under Ch. 11--as an emergency petition if necessary. There are
several members in our group that can handle that, assuming the
debtor can come up with the fees.
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On 7/29/2010 10:40 AM, shawnswhite wrote:
> Potential new client wants to file a 13 to stop a foreclosure even though she is over the secured debt limit. Sh understands she won't be confirmed but she wants to buy more time to work out an arrangement with the lender and/or file a Ch 11. Is it permissable to file under those circumstances? How do the judges react to that?
>
> Also, the debtor has a home loan of 1,300,000 and a building for her business worh 300k. I am trying to find her an attorney for an 11. Her home goes for sale 8/2. I assume that is not enough time for an 11 to get prepared?
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> Thanks,
>
> Shawn
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