Legal Question in Bankruptcy in California

sight unseen

My sister (sister 1) lost her home two years ago because of drugs and her fear of telling anyone including her husband. My other sister (Sister 2) helped her and her family to buy a new house by co-signing along with sister 1's son. A year and a half later, DEJA VU! She is losing the house again! She came to sister 2's house and begged and pleaded for sister 2 to sign bankruptcy documents which she did !@#$%! Anyway, the drug thing we've been through before, we will handle that the best we can. My question is if the lawyer is crossing any legal or ethical lines by drawing up documents like these never having met sister 2 and if sister 2 is legally obligated to go through with the bankruptcy. Thank You


Asked on 3/10/03, 2:28 pm

3 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: sight unseen

The drawing up the coument is legal. However, #2 is not required to go through bankruptcy. She can keep the house, make the payments or sell the house.

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Answered on 3/11/03, 11:47 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: sight unseen

Sister-2 is is not required to go through any bankruptcy she does not want to file. If the documents contain false or incomplete information, her neck is on the line.

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Answered on 3/10/03, 2:49 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: sight unseen

She is not obligated to go through with the bankruptcy, and can ask that it be dismissed. She should counsel with her own lawyer to see whether bankruptcy is advisable--it may be, but she needs to go through her assets and liabilities with a lawyer who can advise her.

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Answered on 3/10/03, 9:10 pm


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