Describe the paralegal's role in adversarial proceedings and in recognizing possible fraudulent transfers

Question

What will be an ideal response?

Answer 1

A debtor client might ask, "I heard from my friend Susie that I could lose my house and my snowmobile during the bankruptcy. She recommended that I just transfer my house to her for a dollar and sell her my snowmobile for 50 dollars. She will hold on to my snowmobile until the bankruptcy case is over, and she will let me live in the house while the bankruptcy case is pending. That's okay, right?" The paralegal should not give any advice to the debtor about how to proceed because this would constitute the unauthorized practice of law. However, the paralegal should advise the client that he or she should not make any decisions on any transfer of property until speaking with the attorney. The paralegal should immediately inform his or her supervising attorney of any information the client shares that might have to do with a fraudulent transfer. If the debtor is named as a defendant in a voidable transfer or, as it is sometimes referred to, an adversarial proceeding, the paralegal's role is also vital. When an adversarial proceeding is filed against the debtor, by either a creditor or the trustee, the paralegal will be at the center of all the action and will likely be involved in:
• Investigating the factual and legal allegations against the debtor.
• Drafting various pleadings, including communicating with and drafting subpoenas of factual and expert witnesses.
• Managing the adversarial proceeding docket.
• Reviewing documents to be presented at trial.
• Assisting with both reviewing and responding to discovery requests.
• Drafting and effecting service of discovery requests.
• Assisting the attorney in preparing the debtor for depositions.
• Attending and taking careful notes at depositions.
• Assisting attorneys at trial with evidence and presentation software.