SMARTFINANCESOLUTIONS.NET - Can a practicing attorney in texas file a personal bankruptcy?

Jadedentyki 2013-11-18

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Find the best financial services for you at: SMARTFINANCESOLUTIONS.NET - Can a practicing attorney in texas file a personal bankruptcy? - For themself? As in the attorney filing for their own personal debts? Well, if they file a bankruptcy, there are serious implications regarding his/her license when an attorney wants to file for bankruptcy. It definitely must be disclosed, and it can be considered unethical if it being done to harm clients in anyway.

But if you just mean can a Texas lawyer file in bankruptcy court for clients, sure, they just need to get admitted to federal court (which usually is just a simple application and pay a fee) and then they would be able to file bankruptcies in the federal bankruptcy court for that particular federal district.

EDIT: Even if the lawyer tried to file for bankruptcy for himself, he can't for student loans. Student loans are not dischargeable in bankruptcy. So your friend who co-signed will also not ever be able to file for bankruptcy on that debt. It lasts forever until paid. So better pay it or else interest fees will compound and it will be a nightmare. So as for worrying if he'll file a bankruptcy, I wouldn't worry about the student loan thing, because if his name was also on it (and it had to be to get the loan) then he won't be able to get out of that. But neither will the family member.

As for just being a crappy person, and not paying them their share of bills, well unless it's related to his legal practice, or is somehow illegal or even unethical, there's not much that the state bar would do. They care about lawyers acting honest and moral even outside the practice of law, but if he just doesn't have money right now, they aren't going to punish him for being broke, absent some unethical conduct that goes along with it.

You could take him to court (probably small claims) but maybe regular civil court (depending on the past due amount owed) and try and get a judgment to pay any past due balances. Then if this lawyer has any assets, they can file a lien on it to pay the debt. But they aren't going to be able to force the guy to pay in the future, especially if he has no money. You will just have to sue again if he defaults on paying his share to you again. Basically breach of contract. So maybe you should tell your friend (the family member) to see a lawyer of their own and see what the best way to collect the debt would be that would cause the least amount of hassle. If you are just trying to maliciously go after the person, you won't get anywhere. He definitely won't be able to pay his debts without a law license. So if he is an ethical lawyer, but just broke, maybe that is just a sucky situation, and the family member should NEVER have co-signed on a student loan. Scary stuff these student loans. Even if the lawyer died, the loan would all be owed by the co-signer. So not good. -

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