Green Cove Springs, FL asked in Bankruptcy and Legal Malpractice for Florida

Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make more a month than I do. my husband makes less than he does. Payroll deductions incorrect. Among some other mistakes. In my email I asked for an amendment be filed, on the phone I was told today, it doesn't matter. My question is: What can I do now? Apparently the attorney's view of what's important doesn't align with honesty or integrity. I am concerned about the negative effects from their dishonesty and the Trustee dealings I have now. A 2004 is scheduled and my answers will throw my attorney under the bus. ie. Trustee "Why didn't you claim your return on the schedules?" Me "I provided attorney with that information and they didn't add them. When I confronted them, they said "its not important"!

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Bankruptcy Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have indicated, you will tell the trustee at the creditor's meeting; if the trustee does believe that it's important, the trustee will insist that they be amended.

David Luther Woodward and Timothy Denison agree with this answer

1 user found this answer helpful

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