Bankruptcy

Honesty Goes A Long Way

By Bill McLeod, Esq.

Today I received a call from a prospective client who was upset with their current bankruptcy attorney. They claimed that their current attorney was not giving them accurate advice, specifically, that the attorney had informed them that information pertaining to a non-filing spouse?s income and expenses was not needed to prepare a bankruptcy filing. That?s generally not the case, but in this instance, the parties had only been married for a short period. But when I started asking some other basic questions, what I got in return was whole a lot of bull.

The caller told me that the husband and wife resided together for about a year prior to the wedding. I told the caller that based on that, I would be required to consider the non-filing spouse?s income not only for the schedules (income and expenses), but also for the means test (actually, it's the Bankruptcy Code that requires it). But as soon as the information was disclosed, the caller started back-peddling.

Full post as published by McLeod Law Offices on July 21, 2008 (boomark / email).