Q: I moved from another state and filed bankruptcy 1 1/2 yrs later. Attorney filed for Oh not the other state.
Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.
A:
Every voluntary bankruptcy case is commenced by the filing of a bankruptcy petition, signed by the debtor, under penalty of perjury. The debtor's signature constitutes the sworn testimony of the debtor that whatever the Petition says is true and correct, and that sworn oath applies to the debtor's choice of residence, and where he and a substantial part of his assets have been situated for the six months (or the greatest part thereof) preceding the filing.
If you signed the Petition, you swore to its truth. While the bankruptcy lawyers may also have signed it, that fact does not diminish the burden of the oath upon the signator debtor.
If you did not sign the Petition (that's the first question a bankruptcy trustee asks at every first meeting of creditors after swearing in debtor), then as the debtor you can disavow it. If you did sign it, regardless of what any scrivener may have inserted prior to your doing so, you are "stuck" with it.
At this late date, in my opinion, it avails you nothing to attempt to urge that somehow your lawyer is at fault.
Timothy Denison agrees with this answer
A:
The responsibility for any mistakes made during the filing of your bankruptcy case would generally depend on the specific circumstances. If your attorney filed in Ohio and there was a justifiable reason based on residency requirements or other legal considerations, that may be appropriate.
However, if it was an error that resulted in your property being wrongly classified or your exemptions being incorrectly applied, then the attorney might be responsible for rectifying the mistake. You should address this issue directly with your attorney to seek a resolution.
If the resolution with your attorney isn't satisfactory, you may consider seeking a second opinion from another attorney to understand your rights and possible remedies. It's also advisable to review the engagement letter or contract you had with your attorney, as it might outline the procedure for handling such disputes.
Timothy Denison agrees with this answer
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