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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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my bankruptcy atty. screwed up my paperwork, i fired him, now

Resolved Question:

my bankruptcy atty. screwed up my paperwork, i fired him, now the us attys. office is threatening me with fraud/perjury/etc. what do i do?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “my bankruptcy atty. screwed up my paperwork, i fired him, now the us attys. office is threatening me with fraud/perjury/etc. what do i do?”

Answer: Well, even though your attorney made the mistake, it is your responsibility to check over your petition since by signing you’re making a declaration that to the best of your knowledge it is true. Still, I wouldn’t worry about fraud and perjury since you would have had to knowingly submitted a false petition. If you can show that you acted on your lawyer’s advice, and that you were not aware of the mistake, then you will probably be in the clear. Of course, that doesn’t mean that your petition won’t be dismissed, but it may be possible to amend it or submit a new petition.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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Customer: replied 7 years ago.
what about the nh vs ma thing? that's what the us atty. is hanging their hat on? do i try to withdraw and refile later? i have no $ for a new atty.
Expert:  TJ, Esq. replied 7 years ago.

Hi again. Your additional info wasn’t there when I first answered your question, so that’s why it wasn’t addressed. I take it the issue is where you are claiming residency? It’s not based on what you own, but where you live. Therefore, if you live in MA then that’s where you should have filed your bankruptcy regardless of where you own property. But I sure don’t think you’d be in trouble for something like perjury if you acted on the advice of legal counsel. I would withdraw your petition if possible (if the trustee will allow it), and the refile in the proper state.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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