I was at a meeting of creditors for a bankruptcy client. I had been working on a repayment plan for the client, and after computing the client's expenses and income, I gave the plan to Kennon (a Texas attorney who worked for the Dallas/Fort Worth bankruptcy trustee's office). My client had one item of expense for $500-$600 for a month. Since this item would only last one month, however, and wouldn't continue through the course of the entire bankruptcy, I knew I shouldn't have included the item. Nevertheless, I had included the item, hoping that by doing so, my client wouldn't have to repay his unsecured creditors.

When Kennon finished calculating the plan, he asked me if a chapter 13 bankruptcy plan had to conform with a chapter 7. I thought it was strange that he didn't even know that. I said, "Yes it did."

He turned around and re-figured the plan. When he had finished, he said that there wasn't enough income, that the plan was $300-$400 short. I knew then I needed to go back and take out the extra expense item which I had included, but I felt sheepish about it, because I knew Kennon would now see I had been trying to deceive him. Nevertheless I was going to have to do it, because otherwise the client wouldn't have enough income for his plan.

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