Claim of Legal Malpractice Against Bankruptcy Attorney Pared Down For Lying

Last week an appellate court agreed that because a client lied on a bankruptcy petition when he denied making pre-petition transfers to his wife--he could not blame his attorney who prepared the form. A federal bankruptcy court had denied the plaintiff a discharge of his debts finding that he made a false statement with intent to defraud when he signed the Petition for Bankruptcy. Despite claiming that he didn't read the document in its entirety before signing it, the form itself contains a statement that "I have read the answers contained in the foregoing statement of financial affairs".

The cause of action for legal malpractice in preparing the Petition was dismissed based on principles of collateral estoppel (you don't get two bites of the apple). However, the plaintiff was allowed to proceed with his legal malpractice claim based on the alleged failure to to file an Amended Petition to correct the omission of pre-petition transfers to creditors and his wife. A jury may decide that issue. Gobindram v Ruskin Moscou Faltischek, PC, 2019 WL 3938550

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top