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Both bankruptcy cases were eventually withdrawn by the lawyer.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.