As a lawyer from the bankruptcy, one of the pleasant to have customers things (that I did one have a practice without them) is that they give me much better ideas for blog posts that I think about my own. Last week a potential customer asked me a few issues that I think that almost everyone has held wonders of the bankrupt at any given time. She had an interest not registered in the real estate sector. His question was whether this interest would become part of the estate, if it has filed its balance sheet, and so could it retain ownership anyway if the trustee ever discovered that it possessed it.
The short answers to his questions were Yes and not to try. But there is another aspect of this conversation that I would like to talk about. I am really more questions like those clients. It is suspected that there could be legal with ideas, problems so she asked me to their topic. There is absolutely nothing wrong or unethical by asking a lawyer on the legality of a particular course of action.This is what we are here for, and indeed it gets to the heart of why the privilege lawyer-client existe.C' is much better that people ask their lawyers on these sorts of questions until they take actions that might be illegal.
It is good to keep in mind, while your lawyer can and cannot do to help you.As discussed, your lawyer can certainly and was in fact an ethical obligation to inform of the illegality of the proposed course of action and recommend that you do not take eux.Aussi, a lawyer cannot participate in helping a client with no illegal action. However, your lawyer also has an ethical obligation to not disclose what you said or requested.
From my experience, this question arises most frequently as masking or fraudulent conveyance of assets. I think almost everyone considering filing bankruptcy has at least one fleeting moment where they considered these actions.But for anyone seriously consider what plan you're considering has been around as one form or another for hundreds of years.I remember reading a case School of law in respect of fraudulent transfers decided in the 1600.Courts and trustees in bankruptcy are common (and rare) plans and can afford their sort.Bureau US (a branch of the Ministry of justice) trustee's sniffing unclear eux.La bankruptcy fraud is a criminal offence, so it will do pas.Toutefois, if you have any questions, please do not hesitate to request your bankruptcy lawyer.
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