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"!
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.
Timothy Denison and David Luther Woodward agree with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
