The punishments are the most obvious and the most important result of this event – because karma definitely has a lot to say about this whole situation.
A Colorado attorney, Devon Barclay, has allowed by bankruptcy judge Thomas McNamara. In particular, he has been suspended for “misconduct” from working in Colorado bankruptcy courts for three years. The allegations at the heart of the relief came from Barclay’s husband Matthew and Nicole Mennona, who filed for Chapter 7 bankruptcy relief.
So what happened in the case? Like reported by Reuters:
Barclay had his clients sign off on their Chapter 7 petitions, tried to dismiss the bankruptcy case multiple times under “misrepresentations of fact,” and ignored a trustee’s efforts. trust, causing his clients to be hit with a $2,783.50 penalty, McNamara found.
McNamara also cited a Sept. 9, 2021 email from Barclay to his clients about a letter that was intended to be sent to another attorney. “If any of you have COVID or another highly contagious disease – or you know someone who does – please make sure they lick the envelope and deal with it as much as possible,” the statement said. Barclay said in an email.
Barclay initially responded to the accusation by invoking his 5th Amendment rights and also making “qualified concessions.” That response was later withdrawn. Judge McNamara said Barclay “ultimately decided not to contest anything.” So be it; but surely the defendants had their day in court.”
Mennonas found a new mentor and eventually prosecuted Barclay for the crime. The claim is worth $150,000.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcastand co-hosting a Think Like a Lawyer. AtL tipsters are the best, please contact them. Feel free to email he and any advice, questions, or comments and follow him on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.