Thursday, May 20, 2010

Attorney Convicted Of Advising Client To Transfer Home, Land Out Of Their Names Prior To Filing Bankruptcy In Attempt To Screw Creditors

In Huntington, West Virginia, The West Virginia Record reports:

  • A Putnam County attorney has been found guilty of committing fraud in a former client's bankruptcy case. Following a two-day trial in U.S. District Court, Patrick B. Anderson was convicted on April 29 on one count each of bankruptcy fraud, and fraudulent transfer and concealment of assets.

***

  • During trial, prosecutors presented evidence that Anderson in February 2007 advised Herman and Peggy Matney of Poca to transfer the mobile home and one acre of property they owned on Harmons Branch Road out of their names before filing bankruptcy to conceal their ownership interest from their creditors.

  • On April 30, 2007, Anderson filed a deed at the Putnam County Clerk's Office transferring the property to the Matney's daughter, Melissa Davis.The next day, Anderson filed a Chapter 7 petition in U. S. Bankruptcy Court. Records show not only did Anderson fail to disclose the transfer, but also list any real property they owned.

  • In a letter dated May 2,2007, Peggy Matney alerted the U.S. Trustee's Office to incorrect information contained in the petition. In her letter, she averred that the erroneous information was all Anderson's doing, and it was not their intention to have the petition with the incorrect information filed.(1)
For the story, see Putnam attorney convicted for bankruptcy fraud.

(1) The clients in this case may be well advised to request that the court order the attorney to disgorge himself of any legal fees pocketed for his services, and if he can't pay it, file an Application For Relief with The West Virginia State Bar's Lawyers Fund for Client Protection for possible reimbursement.

No comments: