As if keeping up a good reputation with the Trustee is not hard enough, there have been several instances in which I have heard a client tell me that while at the Chapter 7 341 meeting of creditors, the debtor tries to throw the attorney under the bus by saying, “I was never told that….” or, “I have to pay you (the Trustee), $3000 to keep my car, WHY?!?!”
Most debtors tend to have selective memory when it comes to filing for bankruptcy especially when it comes to a case where the debtor has unprotected assets in a Chapter 7 bankruptcy. That’s why I am a huge fan of having a debtor either sign off on a letter stating that they are aware of this unexempt asset or having them initial each page of the petition in the bottom corner showing that they have reviewed that particular page with the attorney. This essentially covers your tuckus to an extent limiting any backlash that may occur to your practice and your good name.
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