Attorney Arrested on Obscenity Charges

[ProjMgrNewb]

Okay... as if things couldn't get *anymore* complicated with my Chp 7 case...

My attorney was arrested Monday by the FBI on Obscenity Charges (I'd post a link, but not sure if allowed.. PM me and I'll provide the info).

Here's where my case is at right now:

US Trustee is arguing that:

1) There is a presumption of abuse because:
a.) My school loans should not be a priority claim (as my attorney filled out my petition as such)
b.) The car that my b/f financed me should not be included in my petition (although I am making all the payments, responsible for insurance, etc)

So... today, I was suppose to meet with now incarcerated lawyer to discuss the gameplan... he said he was doing some case law research on the car situation that could make things easier, but that I was probably going to have to litigate on the school loans situation.

Anyway... WTF do I do now?? US Trustee posted his Presumption of Abuse a week ago today. I realize I need to get a new lawyer, since there isn't another atty in the firm who does bankruptcies.... is there any type of a stay or extension or something that I can file on my own to "freeze" my case or whatever to give me some time to get a new lawyer...

This doesn't even scratch the surface on how I'm probably screwed on the $1200 I've already paid to this guy/his firm. They said they're going to "calculate" how much he's worked on the case and bill me accordingly, and if I'm due a "refund" I'll get one.... yeah, at their $200 an hour rate, how am I going to get any $ back?

I don't have another $1200 to throw at a lawyer... this whole thing has been stressful enough, let alone throwing *this* into the mix.

Most of all, I feel bad for his wife and kids... oh, and he was the girls basketball coach at a local Catholic high school. The news is stating that the charges are more for online obscenities sent to undercover investigators not with the kids at the school (hopefully none surface).

Any all advice, suggestions, recommendations, prayer accepted!

Thanks!

[2xBK]

No need to post a link, just google your subject line. Good Grief. I'm thinking he was too preoccupied with other things to properly prepare your case. I did''t think student loans could be a priority debt but I'll let others chime in on that.

[Bankruptcy20]

Wow, what a story. I am not a lawyer, but if I were in your shoes, I would focus first and foremost in getting a NEW lawyer. Get those free consults going again. History is unfortunate and not sure what you can do to your first nutty lawyer. Filing a complaint against him, may be the least of his problems if the FBI is after him, it would seem to me.

In your consult for the search for a new lawyer, maybe if you give the sob story, you may be able to find the one lawyer with a heart (hmm), and maybe he'll give you a discount. It's not really the new lawyer's problem, but many of them do pro bono/free work, so maybe he'll give you a discount. At the least, he should see that much of the paper work (despite its errors) was at least started.

Also, ask the new lawyers what you should do. It'll give you some perspective on how they deal with bad lawyers. Slimey ones will just shrug, but if you see them legitimately care and really give you constructive ideas... it's a good sign perhaps.

Tough situation, my heart out to you.

[ProjMgrNewb]

So, there's a big controversy on whether the school loans should be priority claims or not. Apparently, Northern District in Ohio says that they are because they're non-dischargable... Southern District (where I live, of course) has not ruled either way. Other states/districts are about 50/50 on this issue as well.

The other issue for some reason is my car. The car is not titled to me, and the loan is not in my name. My b/f financed it for me, with the intent that I pay all payments and expenses. For some reason the US Trustee does not like this either.

I dunno... I'm at a loss here.

[ProjMgrNewb]

As for the case itself, I'm almost hoping that I can start from scratch.... I can't trust a thing that now-ex-lawyer has done so far. I definitely need a "stay" or something in my case to give me some time to get new counsel and go through the paperwork with a fine tooth comb.

[queenfluff]

OMIGOD, that is so wack! Like you don't have enough stress already right?

I don't even think I wanna know what the obscenity charges are. Does it sort of give you the creeps too? Sounds like you knew this guy a bit too.

What about that Bar Association for Lawyers maybe they might be able to provide some guidance of what you should do next?

There has to be some way you can at least get your fees back since you are not at fault here. Also, to have a new lawyer go over your case from scratch will be a good thing for you.

Although, I am pretty sure the student loans can't be discharged but a new attorney might definatley do a better job.

Did you have any idea that something like this was going on with your lawyer? Or was it a total shocker?

[willbfree]

Why not contact his law firm directly and state "Since the events of my atty's conduct have made the news and your law firm has no other atty specializing in bk cases I expect a full refund of my retainer so I can hire a replacement." When can I expect the check to be mailed or shall I pick it up in person?" That shows you are not willing to negotiate on the subject but remain polite. After that much bad press I would hope his firm would be willing to refund and allow you to find another bk atty.

[aces67]

OMG! I agree with willbfree. It's not your fault your lawyer can't behave. I do hope you get another lawyer soon and figure this all out.

[dingdong]

Start talking about a lawsuit. That should perk up their ears.

The attorney has clear ethics violations, read the Ohio ethics guidelines for attorneys and see if this guy is gonna be disbarred. At the very least, I am sure his license to practice law is going to be suspended whiile he is incarcerated or awaiting trial.



Yuck!

I am sure his law firm is pretty distraught at the moment. Not good for business being a pervo!

[chad9162]

Start talking about a lawsuit. That should perk up their ears.

While I agree that you "might" win a lawsuit, I don't think threatening one would help you RIGHT NOW. Challenging attorneys to a lawsuit is NOT always the best course of action and in most cases difficult to prove. Just because he's a perv doesn't mean he screwed up your case, which you'd have to prove. It also takes time and money, which you don't have. I think you need to contact the firm and see what they can do for you. Get another attorney and move on.

If I understand this correctly, your car payment was included in your means test but the loan is under your b/f's name. I don't know how that's going to work even if you are making the payments.

As others have suggested you might want to contact other lawyers and see what they think. Maybe since you've already started the process it'd be cheaper.

[HHM]

If there is a bona fide News post you can link, I would be interested our of curiosity, but otherwise, no need to post details.

[willbfree]

HHM if you Google the thread title you will find it. Here's a link-

http://cincinnati.fbi.gov/pressrel/2009/ci050409.htm

[dingdong]

This must be him.



Kettering Attorney/Girls Basketball Coach Arrested on Transfer of Obscene Images to Minors Charges

Keith L. Bennett, Special Agent in Charge (SAC), of the Cincinnati Division of the Federal Bureau of Investigation (FBI) and Gregory G. Lockhart, United States Attorney, Southern District of Ohio, announce that Marc Norman Greenberg, age 32 of Centerville, Ohio, was arrested without incident this morning at his law office in Kettering by FBI agents. Greenberg has been charged in a federal complaint filed at the U.S. District Court, Southern District of Ohio, Dayton, with 12 counts of violating Title 18, U.S. Code Section 1470 (Obscenity). Greenberg is the Girls Basketball Coach at Chaminade-Julienne High School in Dayton.

The complaint charging Greenberg alleges that during the period February through April of 2009, Greenberg used computers at his home and office to engage in graphic sexual conversations and to transmit obscene images including videos of a male masturbating. These images were sent to individuals who Greenberg believed were underage females. Conviction on each count carries a maximum punishment of 10 years imprisonment.

The affidavit in support of the complaint alleges that beginning in late January 2009 a New York law enforcement officer, posing as an underage female, began electronic communication with an individual utilizing the screen names [email protected] and [email protected]

http://cincinnati.fbi.gov/pressrel/2009/ci050409

[ProjMgrNewb]

Thank You all so much for your replies!!

Okay, to catch everyone up...

Yes, that's the guy, Marc Greenberg...

His ex-firm contacted me today and have forwarded my case to another attorney (who I have an appointment with tomorrow) and I am not expected to pay him any $ (unless I choose to litigate, but that is a different story).

Re: School Loans. I'm not trying to discharge them, I know they can't be. The thing is that without them as a priority debt, I'm very close to being thrown into a Chp 13. That's what the US Trustee is arguing.. they should go into the non-priority, and "voila", there's presumption of abuse and Trustee pushes for a 13. The craptastic thing here is that ex-lawyer put them in the paperwork that way, and didn't tell me it was a problem until 10 minutes before my 341 meeting... See my thread: "Problem with School Loans and Chapter 7". Northern District in Ohio says they're a priority claim, Southern District has not ruled as such (of course, that's where I live). Ex-Lawyer said I'd probably have to litigate on this one.

Re: Car. So, this is where I say that hindsight is 20/20. I told him several times about the situation with the car. He was the one who suggested in the beginning that I look into giving up the lease on my Jeep, and getting something else. Apparently, in the "allowances" they put me down for a car and when he realized that the car wasn't titled to me, then it changed something in the paperwork. He said it was in my favor and he'd work out the details with the trustee.

After my 341, I was a mess. His words after we left the court were "I'm not going to leave you hanging on this, I'll get back with you soon." That was Thurs 4/16. I called him Monday 4/20, never got a call back. I saw on Pacer where the District trustee posted the report of No Distribution, so I thought I was in the clear. Then on 4/27, US trustee posted Presumption of Abuse. I talked to ex-lawyer on 4/28 (I think) and he then said that the trustee was arguing against the car, and he had been "researching case law" on it, and I scheduled an appointment with him for 5/5 (today). I felt like going to the jail to visit him, and saying "Okay, I'm here for my appointment... tell me what I need to know to fill in the new guy..."

The bottom line is that I no longer trust my filed paperwork, I have no idea what to do next (other than seeing new lawyer tomorrow), and am absolutely petrified of being forced into a Chp 13.

[ProjMgrNewb]

Oh... and one last thing.

This guy was pretty prominent in the community... Head Coach of a Catholic HS Girls BB team. Pretty well known.

I never got a "pervy" vibe from him, ever. I thought he was pretty hot, honestly.... LOL. He's young, a couple years younger than me. Learned through the news that he graduated from my high school's arch rival. For all I know, I could have seen him at a B'ball game when I was a kid.

I feel bad for his family. He has a wife, and three kids, one I think just turned 5, the other two are twins. They need all the prayer they can get.