It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power of attorney (POA). What sort of inquiry is necessary and […]
Faced with abusive and serial bankruptcy cases, courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin on Chapter 13 Sec. 153.3 “Court-Imposed Conditions and Restrictions […]
This estate action originated in the Court of Chancery with the filing of a Verified Petition for Review of Proof of Will and for Equitable Relief on July 16, 2019. The decedent, Tracy M. Ricks, Jr., passed away on December 20, 2018. A dispute arose regarding the distribution of the decedent’s estate. The Petitioner believed that the decedent passed away intestate. Respondent attempted to open an estate for the decedent […]
Elder fraud is an increasing problem, especially for those with cognitive disabilities such as dementia. A recent study by the Rush University Alzheimer’s center further demonstrated this point in showing that seniors who fall victim to elder scams might be at a higher risk of developing cognitive disabilities. The study’s findings suggest that there is correlation between low scam awareness and a higher likelihood of developing serious cognitive disabilities such […]
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Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy
An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does not realize the importance of disclosure of the claim. What […]