Bankruptcy Question


#1

Different Subject :slight_smile:

Bankruptcy process began while married. In the midst of the process, couple separated and husband moved to a different state.

Does that scenario call for additional or different rules/processes to complete the bankruptcy filing than if husband and wife still lived together in the same house as a married couple?

Also - attorney was retained to file joint bankruptcy. Wife never disclosed separation to lawyer, but claims now that lawyer advised her yesterday that husband emailed him alerting him to separtion (and as such, that now there is additional work to be done, thus elongating the bankruptcy process and delaying the filing). She claims to have asked to see the email, but lawyer refused to show her, claiming attorney/client privilege.

If attorney was hired by the couple, would he not have a right or obligation to show her that email?

Sounds fishy to me.

Thanks!!!


#2

I don’t practice bankruptcy law, however there is a clear conflict of interest at this point, and I believe the attorney did the right thing by withholding the email.