In MA, if Atty advises D admits to facts in vehic. homicide is that = to conviction so D can't get adjudicated as Bankrupt?

Massachusetts facts & law.
After D causes death in M.V. accident she is charged with vehic. homicide. In criminal case, atty advises D admit to facts sufficient to warrant finding of guilt. Crim. judge accepts admission and continues case 1 yr, without a finding. If no other crimes & OK with P.O., case to be dismissed in 1 yr. D does so. D then is sued civilly. D has Homestead exemption of $500,000. Atty advises D to sign Agree 4 Judg for $1MM & then to file for Bankr & wipe out debt to deceased's estate. D does so. Criminal case then dismissed.

D files for Bankr protection, & seeks adjudication. Trustee & creditors object on grounds of admission to guilt in criminal case is = to finding of guilt. Thus, no Bankruptcy protection.

Is atty guilty of malpractice?
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Answers (1)

Edgardo Rafael Baez

Edgardo Rafael Baez

Contributor Level 8
I lost you trying to understand so many acronyms.
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