May 10, 2016
In 2007, a debtor filed for Chapter 13 Bankruptcy relief in Florida. Her case was dismissed for failure to maintain plan payments.
In 2010, the debtor applied for admission to the Florida Bar.
The Florida Board of Bar Examiners alleged, in part, that she was financially irresponsible because she failed to make her Chapter 13 plan payment.
The Court denied the debtor’s request for a rehearing. The debtor then sued the Florida Supreme Court in Federal District Court.
Eventually the denial was affirmed. Court concluded that the debtor failed to raise the Section 525(a) argument in state court and it was too late to raise that claim of discrimination to debtor who filed Bankruptcy in a federal court.
This debtor just could not become a lawyer.
- What would happen if a practicing lawyer filed Chapter 7 or 13 and the case was dismissed? Would the attorney’s licensed be revoked?
- What if the Bankruptcy was completed and she received a discharge?