Fired my Ch 7 attorney. Can he release information about my case???? SO UPSET!!!

[lvmcse]

I am so upset. Met him 3 times. Gave him a deposit and made my first payment. The reason why I fired him was because he keeps changing him mind on details about my case. For instance, he says that I cant include my rental home in the bk since i plan to get rid of it. So I did a short sale. He now says, "Why did you do that, I could included in your bk case!!" WTF!!! Final straw, I gave my son a car 11 months ago. I told him this 2 months ago. He said no problem. Now he says that I need to transfer it back into my name cause I did a fraudlent conveyance. My God!!! I was current on all my bills when I transferred to my son. Plus the car is now located on the other side of the US. Sorry guys I have to vent. Drinking massive amounts of alcohol right now. I am so stressed out.

Could he release details about my case to a trustee or other attorneys???

[ValleYum]

I am sure some of the other members will be by with more definitive answers.

I am so sorry this is so stressful for you. Not trying to sound like your momma, but try to keep the alcohol consumption to the point where there are not recriminations (and a hangover!) the following day. Perhaps asking your doc for a mild nerve pill would be better. My doctor wrote a Rx for me during our BK.

Good luck!

[justbroke]

Could he release details about my case to a trustee or other attorneys???

No, he can't because it's a basic professional ethics rule. So let's just say that client-attorney privilege means something.

As for selling and transferring assets, there must have been some major communication issues going on. You actually can transfer property if you receive the right value for it. Not only can you include anything in a bankruptcy, you actually MUST "include" everything in your bankruptcy! You don't get to pick and choose what you include and don't include. It reads to me as though both you and your attorney were not communicating properly! Either the attorney didn't explain things well enough or you did not understand the attorney or vice versa. Transferring property within a year of filing, without receiving the "current market value" for the property can certainly raise flags.

What you should do, is interview several new attorneys and find one that you are comfortable with. Also, make sure you understand everything down to the letter. Every bankruptcy attorney should tell you that you shouldn't transfer property. Perhaps your attorney was telling you that you could sell it or misunderstood, but "fraudulent" transfers are exactly when you sell it for less value or try to "hide" it from the bankruptcy. It's a strong word, fraudulent, but it's not a criminal designation.

No need to drink, but you do need to relax. You have not even filed yet. Time heals everything in bankruptcy, so sitting down and explaining everything and making sure you understand everything is what you will need to do when you select a new attorney. When speaking with the new attorney, make sure you ask about transfer of title of the car, if that's what you did.

When did you being speaking with this attorney? It reads as though this has been many months that have passed by.

[lvmcse]

No, he can't because it's a basic professional ethics rule. So let's just say that client-attorney privilege means something.

As for selling and transferring assets, there must have been some major communication issues going on. You actually can transfer property if you receive the right value for it. Not only can you include anything in a bankruptcy, you actually MUST "include" everything in your bankruptcy! You don't get to pick and choose what you include and don't include. It reads to me as though both you and your attorney were not communicating properly! Either the attorney didn't explain things well enough or you did not understand the attorney or vice versa. Transferring property within a year of filing, without receiving the "current market value" for the property can certainly raise flags.

What you should do, is interview several new attorneys and find one that you are comfortable with. Also, make sure you understand everything down to the letter. Every bankruptcy attorney should tell you that you shouldn't transfer property. Perhaps your attorney was telling you that you could sell it or misunderstood, but "fraudulent" transfers are exactly when you sell it for less value or try to "hide" it from the bankruptcy. It's a strong word, fraudulent, but it's not a criminal designation.

No need to drink, but you do need to relax. You have not even filed yet. Time heals everything in bankruptcy, so sitting down and explaining everything and making sure you understand everything is what you will need to do when you select a new attorney. When speaking with the new attorney, make sure you ask about transfer of title of the car, if that's what you did.

When did you being speaking with this attorney? It reads as though this has been many months that have passed by.

Thanks guys!!! WIth that said, I transferred (gift) a car to my son in another state 11 months ago because he was looking for employment and there was no public transportation to get around. With that said on the statement of affairs, do I list that on question 7. Gifts: or do I list that on 10. Other Transfers? Question 7 is obvious. Question 10 is confusing.... What does that mean?

[HHM]

This strikes me as a TWO WAY communication issue.

I am willing to bet the conversation about the rental home is a confusion of two issues.
1. When the attorney said, you can't include the rental home because you plan to get rid of it, I am willing to bet he was talking about "including" the payment as an expense.
2. Whereas, you heard that you cannot include the debt.

As for the car, strictly speaking, the car is NOT a problem for YOU. It is a problem for your son.

Not sure why the short sale is an issue, you can still include the deficiency now.

As for disclosing information, generally no, the attorney cannot due to confidentiality (attorney/client privilege, strictly speaking is a "testimonial" privilege, a rule of evidence, it prohibits the introduction of evidence at a civil or criminal trial of the content of the communication between the client and attorney). He certainly cannot volunteer the information (unless you used his services to carry on a fraud). However, NOTE, confidentiality, only applies if the information is actually confidential. In bankruptcy, that is very very rare. For example, your son knows you gave him a car, so strictly speaking, the fact that you transferred this car to your son is NOT confidential information. However, it would be exceedingly rare that that anyone ask the attorney and the attorney is not going to volunteer the information, he has more important things to do. In addition, if you initiate any sort of fee dispute or complain to him to the bar association, the attorney can use whatever information, including confidential and/or privileged information to defend himself.

Side note: the location of the car is immaterial, the rules of BK apply world wide.

As to where to list the car, go hire an attorney to sort it out, your case has issues (but Question 10 is probably the right location).