Bankruptcy Lapses Draw Stipulated Suspension

An attorney’s mishandling of a bankruptcy matter drew a stipulated 60 day suspension by a Michigan tri-county hearing panel

Respondent and the Grievance Administrator filed a Stipulation for Consent Order of Discipline pursuant to MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by Tri-County Hearing Panel #65. The stipulation contained respondent’s admissions to all of the factual allegations and allegations of professional misconduct set forth in a two count formal complaint. Regarding Count One, respondent admitted that he committed professional misconduct in his handling of a client’s Chapter 13 bankruptcy matter by failing to file a required Certification Regarding Domestic Support Obligations, which resulted in the bankruptcy petition being closed without a discharge. Respondent later filed a second Chapter 13 bankruptcy petition for the same client, but failed to inform his client of critical court dates. The second bankruptcy petition was also dismissed due to missed meetings and non-payment, and respondent did not disclose the actual reasons for the dismissal or take any further action on his client’s behalf. Respondent’s client learned that his original bankruptcy case was dismissed when he consulted with new counsel. Regarding Count Two, respondent admitted to failing to answer the request for investigation stemming from the above client matter.

(Mike Frisch)