Adderall, Trust Mismanagement, Bankruptcy Neglect On Indiana Docket

The Indiana Supreme Court reprimanded an attorney who had mishandled a bankruptcy matter

“Client” hired Respondent to file a Chapter 7 bankruptcy petition for a flat fee of $650. Respondent failed to attend a mandatory meeting of creditors. The debt under Client’s petition was discharged in May 2016. However, two digits of Client’s social security number were transposed on the bankruptcy petition, and Respondent failed to address this problem prior to the court’s closing of the estate.

Client then paid Respondent $200 to initiate a filing to avoid liens on Client’s home and rental property. Respondent filed such a motion regarding “Bank,” which did not object; however, Respondent then failed to submit an order to the bankruptcy court granting the unopposed motion. Respondent also failed to file a motion to avoid judicial lien against Client’s other creditors.

In October 2016, the bankruptcy court ordered that the estate had been fully administered. Client attempted to contact Respondent for an update, but Respondent failed to respond. Client ended up hiring new counsel to fix Respondent’s mistakes. Client also filed a grievance against Respondent, who was untimely in his responses to the Commission.

In an unrelated matter, the court suspended an attorney for 90 with all but 30 days stayed and probation for two years. 

Beginning in the fall of 2013 and continuing through the spring of 2016, Respondent continually mismanaged his trust account, causing multiple overdrafts. His trust account mismanagement included commingling his own funds with those of his clients and making a number of improper online or electronic fund transfers from his trust account.

Separately, Respondent represented “Client” in a divorce. On one occasion, Respondent agreed to meet Client and Client’s girlfriend at their home. Respondent arrived prior to Client and asked the girlfriend about her prescription for Adderall. Respondent then took her pill bottle, opened it, removed a pill, and ingested it, all without the girlfriend’s permission. Respondent took the pill bottle and its contents with him and left the home before the girlfriend could say anything and before Client arrived.

Among the conditions

Respondent shall refrain from the use of all mind-altering substances except as prescribed.

(Mike Frisch)