Legal Question in Bankruptcy in Georgia

lawyer conflict

I have a bankruptcy pending. I believe that the attorney who filed my petition has a conflict of interest in that she was paid by a third party that drove me to her office and participated in the filing session. This third party was an investor who represented a client who wanted to purchase my house that was on the verge of foreclosure. This person reommended that I declare bankruptcy to avoid the foreclosure so his client could complete the financing to close. When I said I didn't want to he told me that he had done this in the past with this same attorney.The attorney told me that all I had to do was fail to appear at the creditor's meeting and the bankruptcy would be dismissed.She was aware that the purpose of the filing was to delay the foreclosure. The house sold a week later. The day before the creditor's meeting I confirmed with the attorney that all I had to do to have the petition dismissed was fail to appear and she reaffirmed this. Later that day she called and said that I had to appear or the trustee would compel me to because the house had been sold.I cannot afford another attorney but believe this is wrong. My question, can I contact the judge and share this info without further damage to myself.


Asked on 7/26/06, 1:18 pm

4 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: lawyer conflict

No, you cannot (or at least, definitely should not) try to contact the Judge, or anyone in his/her office, directly. If there has been a violation of the law (and selling your house while in BR, without court approval IS a violation of the law), the fingers may be pointed at you. You need to either get with your lawyer and tell her to handle it, or if you don't trust her, get a new lawyer ASAP. Keep in mind that the trustee is not your lawyer and will not necessarily be on your side, so be careful what you tell him/her.

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Answered on 7/26/06, 1:27 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: lawyer conflict

You might want to make a complaint with the State Bar of Georgia.

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Answered on 7/26/06, 1:29 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: lawyer conflict

In followup to my suggestion about the state bar, bear in mind what Mr. Riddle has said. Since it's your case, you can be in trouble as well.

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Answered on 7/26/06, 1:31 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: lawyer conflict

I'll also add a second post, after thinking about it. You probably need to review the details of the sale of your house (or have a lawyer review all of it) to make sure everything was proper and legal. When you start mentioning things like "investors," manipulation of the BR case, quick sales before foreclosure, and (as you put it), the lawyer being directed by the other party and talking you into something you do not want to do, and the fact that the investor said it had been done before, I see big red flags of potential mortgage fraud, in addition to the BR issues. We do not know your lawyer, or the facts, so we can't second guess. However, if your story is solid, and you filed in the Northern District of Georgia, I can probably point you in the right direction. Just e-mail using the link.

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Answered on 7/26/06, 1:49 pm


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