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Burns & Jain have represented clients in the Federal Bankruptcy Court since 1985. What we enjoy about this area of law is that all of our clients get a “fresh start” in their financial life. Indeed, the law allows you to keep your assets and “discharge” your debts!
How far can an attorney go in seeking relief for his or her client? Can he draft and file misleading pleadings and argue the wrong law before the Bankruptcy (or any) Court? Twice?
Many consumers who have settled insurance claims are perplexed when they hear of other claimants receiving more in settlements for property damage or pain and suffering for their injuries that they did for very similar claims. While not every accident or claim is the same and you can always point out differences in the nature and extent of injuries or property damage, there are additional factors to consider in determining if you are getting the most for the premiums you are paying.
Do attorneys have an ethical obligation to state the law accurately? Even if there is an opposing attorney that works for the Bankruptcy Court? Is it legal malpractice?
Given the political season, you might think that it is up to the judge (or the media in the political realm) to determine if pleadings by an attorney advocating for his or her client are accurate. However a decision by the First Circuit Court of Appeals confirmed that a Massachusetts attorney who misstated the law, could, and in fact should, be sanctioned. Read more
Many of our bankruptcy clients come to us after the credit card companies file a lawsuit, or start to call them daily. Or, their car is repossessed for failure to make payment and all of a sudden they have a huge deficit bill on their hands.
Have they waited too long? Perhaps. But it’s never too late to start dealing with your credit problems.