Legal Question in Bankruptcy in California

Bankruptcy Petition

I am preparing a ch. 7 petition for an attorney. His client has an unusual living situation and I need to know how this should be input on the petition.

The client owns 2 properties (condos) but doesn't live in either one. He and his wife live in her mother's home (rent free) while she lives in one of theirs. Another relative lives in the other condo. They pay the mortgage on both properties and plan to keep them.

Should one of their properties be listed as their primary residence? And the home they live in be listed as just a ''mailing address''? Or is there another way this should be handled?

Thanks in advance.


Asked on 6/18/09, 11:43 am

2 Answers from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Bankruptcy Petition

Let me address this issue for the benefit of other readers. The paralegal/associate here presents an important question, and it's not one s/he should have to figure out with no direction. Please note that this is how many firms operate:

A licensed attorney takes a case and dumps it in the lap of a paralegal or young associate attorney with little or no direction whatsoever. The paralegal or young associate feels unable to ask the boss what to do (usually because the attorney is too busy, too grumpy, or ignorant of or lost on how to find the answer her/himself), that what winds up being done is not necessarily the best way to handle the matter. The paralegal/associate does her/his best and the attorney (again, because s/he is too busy, too grumpy, etc.) makes only a cursory review of the paralegal/associate attorney's work and it is never properly evaluated (much less changed if it is not the best choice).

At my law firm, I do the legal work and my staff are never left wondering on how to proceed or getting someone else's advice. Your legal needs are important and I take them seriously. I do not run a "mill" where I lure clients in and dump cases on those without the experience on how to proceed. Please make sure you do not just retain an attorney based on the sales pitch; a good sales pitch does not necessarily equate with good representation.

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Answered on 6/18/09, 12:48 pm
Sarah Grosse Sarah Grosse, Esquire

Re: Bankruptcy Petition

Mr. Gorski makes excellent points here.

It is always unfortunate to hear that some attorneys' practices are run in this manner.

Please see the attorney who is responsible for this case.

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Answered on 6/18/09, 1:12 pm


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