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Lawyer Files Skeleton Petition for Dead Person

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Skeleton Petition for Dead Person????

Background:

  • Lawyer filed a Chapter 13 Petition for a woman who died 10 years earlier.
  • Filed another Petition for same dead woman 2 years later.
  • Lawyer stated he was asked by the woman’s daughter to file.
  • Lawyer filed the skeleton petition on the eve of foreclosure of house in estate.
  • Informed court he did not know that he could not file bankruptcy for a probate estate.
  • Both cases were eventually withdrawn when he was told by the Trustee that dead people cannot file for bankruptcy.
  • Judge issued significant sanctions against the Lawyer.

Court Ruling:

  • Lawyer made false statements and no excuse for alleging ignorance about rules on filing for a dead person.  
  • Lawyer did not conduct reasonable investigation into the debtor’s eligibility.
  • Lawyer appealed Judge’s ruling and sanctions.
  • Nice try by lawyer but no one believed the attorney…..Shame on the attorney.

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