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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I filed a chapter 13 petition in Houston in Jan.2005, I had

Resolved Question:

I filed a chapter 13 petition in Houston in Jan.2005, I had filed a chapter 7 in Arkansas in feb 2002. I did disclose this to the attorney. I tried to convert to 7 in sept.2008 because I am no longer working. The attorney's assistant contacted me in October and told me I couldn't do the conversion because of the Ark filing. I informed her that you knew and then she was penalizing me for their error, because she refused to refund my money for the conversion. I had the attorney to call me and she agreed to give half of my money back and to revert back to a 13. I had already told her assistant I wasn't working. The attorney did tell me I couldn't convert back because I had a job. So she said she would file for a dismissal.   So, after all the confusion I explained to her I was jobless and would have liability for all my debts now. She stated I could refile once it has been dismissed. Now, I recieve a letter to appear before a judge for making false statements. Do I need an attornery?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.


Thank you for your question. I am happy to assist you.

Please clarify what the false statement was that you allegedly made.

Customer: replied 7 years ago.
That I hadnt filed a bankruptcy in the past 6 years. I know on the originial worksheet I put in on there and I told her verbally. I went back and checked the papers she gave me to sign and it had "none" as the answer. She sent me papers to sign by mail and I did just sign it without reading of course, because I trusted her. She left a message on my answering machine to refund my remaining money and that they had made a mistake by pulling up my husband's file(which was not on the bankruptcy) that why she tried to file the chapter 7.
Expert:  Ellen replied 7 years ago.


Thank you for your information. I am happy to assist you.

An attorney would be helpful in court. Penalties for a misstatement on your bankruptcy pleadings can be severe. They include civil and criminal penalties and a loss of potential discharge. The court will point out that it is your responsibility to read the documents before you sign them. You will need to show the court mitigating circumstances indicating that the error was not willful.

If you cannot retain an attorney, you will need to show the court that this misstatement was due to your attorney's error and not willful perjury on your part. To do this, you can consider asking your attorney to give you a written statement to this effect. If she refuses, you will need to consider bringing into court the recording on the answering machine and your original worksheet.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,

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