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Ask Brent Blanchard Your Own Question
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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I asked a question yesterday about my lawyer and my BK

Customer Question

Hi I asked a question yesterday about my lawyer and my BK petition. My lawyer really screwed my petition up and of course I did not review it nor did i know what I was looking at. But after conferring with a friend I realized how may mistakes my lawyer made. I refused to appear at my creditors meeting hoping to get case dismissed. But i received a notice of asset discovery. My income was wrong on petition lawyer left off my SSD which i believed was exempt until I was told different. He also didnt use any of my exemptions saying that my Wife and I only owed 1500 dollars worth of stuff, I dont know if I should go to my next creditors meeting and tell the trustee whats going on. lawyer does not return my calls
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 1 year ago.

Thank you for your question. Sorry to hear about the situation.

I guess you know now that SSI income is exempt from "execution" but is no way exempt from *disclosure* in a bankruptcy case.

We cannot give any Customer legal advice here. But I can tell you that failing to show up to anything required by the bankruptcy court can result in monetary sanctions. It's rare but it can happen. I had one client not show, no call to me etc., three times and all that happened was her case was dismissed AND every creditor was quickly free to resume all collection efforts. I think she got lucky.

The specific dollar values claimed for a lot of bankruptcy exempt property really don't matter much as long as it's not a situation of calling a horrifically expensive Picasso painting an exempt "family portrait".

It is generally much "cleaner" to make a motion for voluntary dismissal to close out the case. But you should get competent legal advice locally so you will be better informed about the consequences of that, based on the details of your Petition, income, job, family situation and other factors that might be important.

Bankruptcy schedules CAN be amended and that actually happens all the time. I recommend that you carefully weigh your options.

If you choose to move for voluntary dismissal yourself, its a good idea to spend a half-day at a good law library looking at any bankruptcy "practice guides" they have. These books almost always contain sample "forms" of common court paperwork. But before starting to write your own motion, you also need to check the latest bankruptcy rules of procedure and the local rules for the court your case is in.

Thank you.