Chapter 13 Bankruptcy Done Incorrectly

Filing Bankruptcy Petition for Dead Person
A bankruptcy lawyer filed a skeleton Chapter 13 Bankruptcy Case for a Dead person.  This demonstrates clearly bad legal representation in bankruptcy.
I hope you find the following case as interesting as I did.   
Here are the facts of this bankruptcy case:
  • Lawyer files a Chapter 13 Petition for a woman who died 10 years earlier.

  • He files another Chapter 13 Petition for the same dead woman 2 years later.

  • States that he was asked by the woman’s daughter to file.

  • Lawyer filed the skeleton petition on the eve of foreclosure of the house included in the  estate.

  • As a defense to filing the bankruptcy, the lawyer told the Court that he was unaware that he could not file bankruptcy for a probate estate.

  • Both bankruptcy cases were eventually withdrawn by the lawyer.   

  • The Trustee educated the lawyer that dead people cannot file for bankruptcy.

  • In addition, the Bankruptcy Court Judge issued significant sanctions against the Lawyer.

Below are the facts of the Bankruptcy Court Ruling and Lawyer’s Appeal:

  • Lawyer made false statements
  • There are no excuses for alleging ignorance about rules on filing for a dead person
  • Lawyer did not conduct reasonable investigation into the debtor’s eligibility
  • The lawyer appealed the Judge’s ruling and sanctions
  • Nice try by the lawyer in his efforts to appeal the sanctions; but no one believed him…..

Shame on the lawyer!!!!! for filing this Chapter 13 Case

Keep in Mind that Bankruptcy is a Specialized Field of Law.  A lawyer should not represent clients in a field he has little or no expertise.

As a Board Certified Bankruptcy Lawyer , this mistake in filing would never happen.  Ralph A. Ferro, Jr., Esq. Bankruptcy Lawyer

I am here to provide expert bankruptcy consultations, call me today.