Lost Trust

[MISLEAD]

We Filed Ch7 In Oct This Year. Our Attorney Said No Problem, We Got To Of Meeting Of Creditors And A Different Atty That We Had Never Talked To Had Shown Up For Our Atty. He Had No Tax Forms And Tool List, They Some How Lost Them. That Ticked Off The Trustee And She Started To Pick Us Apart. Said She Thought We Were Trying To Hide Money That We Did Not Have. Our Atty Has Not Counseled Us At All And We Actually Called The Office Prior To The Creditors Meeting To Go Over All The Papers To Make Sure They Had All That Would Be Needed. We Also Had A Personal Loan Through Our Mom With A Letter For Her That We Promised To Pay Her. We Gave Her The Car Back Becouse We Couldn't Pay Anymore. Were A Seasonal Business And Things Got Real Bad. Now The Trustee Wants To Take The Car Thats In Her Name And Sell It To Pay Debitors. So It A No Win Situation. My Question Is Can We Save The Car? Is There Any Hope? And Can I Sue An Attorney For This Misrepresentation?

[HHM]

Umm, do you really need to capitalize the first letter of every word?

[HRx]

Mislead,

If you're serious about suing your BK attorney, then consult with a few attorney's to see if you have a solid case. Regarding your car, what did the person you gave the car back to do with it?

Good Luck!

-Todd

[MISLEAD]

Mislead

She has the car and we agreed to keep PLPD on it until she desided what she was going to do with it. Will they take it or is there anything she can do? The issue was, when we titled it, it was in my name and she, as a mom, trusted and did not have a lean on it. So then when we turned the car back to her, she put the title in her name. It's a sole propriator bk and the trustee is also wanting to do the same to the Kabota Corp. because the loan for the tractor was not titled. So the trustee wants to take the tractor away from the creditor that we affrmed and they didn't title it and sell it to pay other creditors. That just blows my mind.

[MISLEAD]

I didn't capitalize every word, don't know why it came up that why, sorry it bothered you. Do you have anything to say pertaining to the statement and questions I asked?

[HHM]

Is your's a business BK, individual BK or both. Is your business a seperate corporate entity (i.e. did you file Articles of Incorporation with your secretary of state).

When did you put your mom on the title? How many days or months before you filed BK?

The issue with your mom is that she is considered an "insider" so transfers to insiders are scrutinized more closely. I don't know what to say about the tractor, but if the creditor didn't have a lien on the title, they are out of luck.

I don't know if you have any case against your attorney, but its not uncommon to have a different attorney present at your 341 Meeting.

[waziggy]

Get a free consultation with the best medical malpractice attorney in your area. They also sue their peers. Remember the definition of an attorney is,
"One who is paid by his client to protect his client from his peers" and his peers are the other attorneys out there. Let the malpractice attorney contact the trustee on the capabilities and preparation of the attorney who showed up.

[MISLEAD]

The business is in my husbands name and he is sole propriator. On our free counsultation, the the lawyer told us that our company is not going bk but we are. Also, our lawyer told us to sign a bunch of papers that were not filled out yet and he would take care of everything, even what items we owned in our house. I was confused on how he knew that stuff, but thought he knew what he was doing. the car was turned back to mom when we took our consultation and decided to bk. I keep getting the story that people know that they are going to claim bk a year before they do, but we honestly kept hoping business would turn around and catch up as it always did before years. And we did not decide to bk until the moment our lawyer told us that we qualify to bk.

[HHM]

Well, you may have been mislead by your attorney as to what would happen in the BK. If worse comes to worse, you could voluntarily dismiss your BK, but then you can't refile for at least six months, so you will be at the mercy of your creditors.

As for the business, I really can't believe you attorney said the business wouldn't get touched if it is a Sole Propriatorship. Since its not a seperate legal entity, the businesses assets are your personal assets and must otherwise qualify for an exemption.

As for the car, yeah, you screwed up. From the trustee's perspective, that is a fraudulent transfer. Granted, you didn't "intend" to commit fraud, but by transfering title on the verge of BK, you are eliminating assets of the potential bankruptcy estate.

THe problem with any claim against your attorney is damages. Was it Malpractice, was it Negligence, I don't know. If its that big a problem, go see an attorney that deals in professional malpractice, you can also file a claim with your State Bar.