In Re: Antonie, Bk. No. 09-01569-JDP (Bankr. D. Idaho, March. 22, 2011).
In this case, a bankruptcy court in Idaho dealt with the issue of a debtor's counsel who submitted false information to the court on which basis the court made a decision on the merits of the case.
Counsel for the Debtor Jacqueline Antonie, Brian Coffey, filed an Amended Schedule in her bankruptcy case, asserting her claim of exemption in a mobile home. Attached was a sworn declaration indicating that the debtor had signed the amended schedule.
The Chapter 7 trustee objected to the claimed exemption, and the court agreed with the trustee and rejected the exemption. This opinion was an appeal by the debtor of that decision.
Subsequently, it came to the court's attention hat the debtor had never signed the amended schedule, and that the debtor's counsel had discussed the contents of the schedule with the client, who had authorized him to file it, but he had submitted a false document nonetheless.
The court held that Mr. Coffey had compromised the integrity of the electronic filing process, and is subject to discipline.
Further, because the debtor did not submit the original document requesting the exemption, the decision of the court which rested on that request was not proper, and the court must make a new decision. This decision illustrates the importance of a competent attorney and careful document preparation, in order to save time and money in court.
