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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Legal
Satisfied Customers: 2822
Experience:  Better Business Bureau. 18 Years bankruptcy experience. Member of the American Bankruptcy Institute.
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Bankruptcy question: Our bankruptcy attorney, at the first

Customer Question

Bankruptcy question: Our bankruptcy attorney, at the first meeting with the attorney, gave us his 4 pages of instructions to compete the forms. Near the top of page 1 his for m stated: we were to list property of "substantial value". Our attorney also told us only list property of substantial value. My wife and I will testify to these facts and the statement on the attorney's BANKRUPTCY INFORMATION sheets.
The question is, in the trial on the adversary complaint against us, are we required to subpoena the attorney or somehow get him to testify at the trial about this form and his statements.
Michael
Submitted: 1 year ago.
Category: Legal
Expert:  Terry L. replied 1 year ago.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
While you can try, you are the ones who signed it under oath stating that the forms are true, accurate and complete. If an asset was left off of the case, that is your error. Now, the attorney may have listed "miscellaneous household goods" which could cover all of the small stuff, like knives and forks, and used household goods. You can respond that the attorney directed you only to list 'substantial value' items. This could be used in a malpractice claim, if the attorney intentionally (or accidentally) left assets off the forms. You can use it in the adversary, but this is not a defense to the adversary.
Customer: replied 1 year ago.
Our question was not answered. We asked if the attorney must be called by us to testify at trial, and must he testify at trial. I understood that we choose who we wish to testify for us, not be told by the judge we must call to testify.
Customer: replied 1 year ago.
This answer is wrong. Advice of an attorney is a defense, we have many citations to prove this. Please give us a refund.
Expert:  Terry L. replied 1 year ago.
If you call the attorney as a witness, you would have to issue a subpoena for him to appear to testify.
Expert:  Terry L. replied 1 year ago.
What is the charge against you in the adversary? You never stated that. it may help clarify what I can explain for you
Expert:  Terry L. replied 1 year ago.
It is not a requirement for the attorney to appear. You can call the attorney as a witness to appear, but there are other ways to get the contract into evidence as well. An adversary is basically a mini trial inside of the bankruptcy case. But no, your attorney who filed your case is not automatically required to appear. You would have to take the steps to call him as a witness.
Expert:  Terry L. replied 1 year ago.
provide me with a little more background, and I'll be happy to answer any further questions you have.
Customer: replied 1 year ago.
Much better answer. Thank you. I wish to continue, but I must know who you are and if you are a licensed attorney, which state, and ultimately I will need to verify your license. Then I will have a lot more work for you. Thank you for your help this far.Michael
Expert:  Terry L. replied 1 year ago.
You can view my profile to review all of my contact info. I wish you the best. thank you