It’s going to be a bad opinion when the judge brings up Pandora’s Box at the beginning of the
opinion and titles the last section of the opinion “This Is The End.”
On June 25, 2019, the Bankruptcy Court for the Southern District of Florida, in a 172-page opinion (including attachments), suspended an attorney from practice for two years before the Bankruptcy Court, terminated her CM/ECF privileges, referred the attorney to District Court’s attorney review committee and the Florida Bar with recommendations to disbar, and referred the attorney to the United States attorney for investigation.
The Debtor filed a Chapter 7 bankruptcy. He was represented by the Attorney. Neither the Debtor nor the Attorney attended the 341 meeting. Subsequently, the trustee filed an adversary objecting to the Debtor’s discharge under 11 U.S.C. § 727(a)(2), (3), and (4). The basis of the Trustee’s complaint was that the Debtor’s schedules indicated virtually no detail, were not consistent with other documents the trustee received (tax returns), and that required information was missing (missing lawsuit). In addition, the Trustee cited the Debtor’s and Attorney’s failure to attend the 341 meeting. When asked by the Trustee, the Attorney said they didn’t plan on proceeding and wanted the case dismissed.
Two days after the adversary was filed, the Attorney moved to withdraw as counsel for the Debtor. The Debtor, now pro se, stated to the Trustee that the schedules were not provided to him before filing and that he did not sign the schedules that were filed.
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