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problem with lawyers office. Personal Bankruptcy

Discussion in 'Bankruptcy Law' started by jcinorik, Apr 20, 2012.

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  1. jcinorik

    jcinorik Law Topic Starter New Member

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    I am in the middle of chapter 13, During the quick file meeting the paralegal in the lawyers office asked about our cars and we told her that we were both on my oldest daughters car title along with my daughter. That it was her car that her grandpartents bought for her, and we were on ther because she was a minor at the time they bought it. She asked if we could get our names off the title and we said ok. that to me ment to transfer the whole title to my daughter. well in the 341 meeting they asked if i have transfered any property and i said yes they asked the details then asked me who told me to do this and i said a paralegal in my lawyers office told me to. My lawyer did not show and sent another that I have never meet in her place. My lawyer calls mee later that day and is screaming though the phone that i commited perjury and the fbi could come and question me that i will probably need a criminal lawyer now. The paralegal denies saying this . My lawyer is amending everything right now. where do i stand and what should i do?
     
  2. army judge

    army judge Super Moderator

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    You might want to speak with a criminal lawyer.
    No matter what,you have the right to remain silent.
    If the FBI (or any police agency) comes calling be polite, remain calm, give your name, address, date of birth; if asked.
    But, do not speak to anyone about this. You have a right to remain silent and ask for a lawyer.
    A criminal lawyer could be useful.
    You may not have committed perjury, but you are in a precarious position.
    So, you must not comment, except to your criminal lawyer.
    The BK lawyer is protecting her paralegal. Just so you know, IF the paralegal said that, she was out of order. Paralegals are not allowed to dispense legal advice. Apparently, yours may have done that. Your problem is you can't prove it, because she's now denying it. However, you acted upon it. You have a very big storm brewing, be careful.
     
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  3. despritfreya

    despritfreya Active Member

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    You do nothing but let your attny fix it. This is not a big deal and it IS NOT criminal.

    Your attny is going to amend Question 10 in the Statement of Financial Affairs to disclose the transfer. The disclosure should indicate that you were on title to the vehicle solely because it was purchased when she was a minor and that you had not contributed to the purchase. As a result, you had "bare legal title" and no "equitable interest" at the time of the transfer. MAKE SURE HE FOLLOWS THROUGH WITH THIS and specifically use the quoted terms so that he knows you understand what needs to be done.


    If you had been my client I would have told you to leave the title alone. The vehicle would have been described on Schedule B with $0.00 value and a notation that you had no equitable interest in it and that its true owner was the co-owner, your daughter.

    This type of issue happens all the time and is not a big deal. Your attny is pissed because you "blamed him". Quite frankly, the title should have been left as is therefore his paralegal should not have been "practicing law" by advising you on this matter - period.

    Des.
     
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  4. jcinorik

    jcinorik Law Topic Starter New Member

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    Thanks for the replies. This matter is just eating away at me, if i end up contacting an criminal attny do i tell my bk attny before i contact a criminal attny. I just don't want this turning into a he said she said situation first but i don't want the judge thinking we are lying either. I don't want my attny to get in trouble but I don't want us in trouble. Thanks.
     
  5. despritfreya

    despritfreya Active Member

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    Just stop. You are not going to jail. You will not be charged with a crime. You do not need to have this issue eat away at you and you certainly DO NOT need to contact a criminal attny.

    I have been a bk attny for over 20 years and I can tell you that the vehicle issue raised in your case is not new or unique. Nor is it a big deal. Your attny will do the proper amendment. Just make sure the "equitable" versus "bare legal title" interest is correctly described in the amendment.

    Des.
     
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  6. jcinorik

    jcinorik Law Topic Starter New Member

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    Thank you Des, I am not sure if it matters in the situation but we changed the title after we filed, as we were instructed to do.
    Thanks again
     
  7. despritfreya

    despritfreya Active Member

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    Then you really didn't transfer anything since you had no authority to transfer property of the bk estate. Confirm with your attny before you do anything. If this situation happened to my client my instructions would be:

    1. Reverse the "transfer".
    2. Amend Schedule B to show bare legal title to the vehicle with a $0 value (since this is where it should have been listed when you filed your initial schedules).

    Des.
     
  8. jcinorik

    jcinorik Law Topic Starter New Member

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    Thank you very much
     
  9. ruby2013

    ruby2013 Guest

    I obtained an attorney dec, 2011 for a bankruptcy, i paid him a couple of hundred dollars, i didnt end up filing because i moved out of state in march of 2012. I called and asked for a refund as they hadnt really done anything, i was told i would be given a refund, but since havent receievd a refund, nor have any of my phone calls or emails been answered, is there a statute of limitations on how long i have to try and get my monies back from this attorney? I started this in ohio.
     
    Last edited by a moderator: Oct 12, 2013

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