Devon M. Barclay, Denver Attorney, Suspended for Misconduct in Bankruptcy Proceedings

featured image

A judge this week suspended a Denver attorney from practicing law in Colorado federal bankruptcy court after finding he lied, filed false legal documents and engaged in a pattern of “fraudulent schemes” to try to file a case.

Devon M. Barclay was barred from practicing in the United States Bankruptcy Court for the District of Colorado for three years. The attorney violated his professional duties and committed “flagrant attorney misconduct,” Bankruptcy Judge Thomas McNamara wrote in a scathing 46-page order issued on Tuesday.

The suspension stems from Barclay’s actions in a single bankruptcy proceeding in which it represented clients in 2021, according to the order.

“From start to finish, the representation of Mr. Barclay was incompetent,” McNamara wrote. “Worse still, he engaged in intentional bad-faith misconduct. … Instead of providing competent legal advice, Mr. Barclay engaged in a bizarre game in the bankruptcy process.

Barclay told The Denver Post on Wednesday that he believes the suspension is the result of a personal vendetta against him and is in retaliation for an earlier investigation he said he conducted into an administrator of the US Department of Justice’s Administrators Program. . He oversees the administration of bankruptcy cases.

“It is unfortunate that I have exhausted the resources to defend many of the allegations,” he said, adding that he “never willingly tried to lie or mislead the court.”

Barclay declined to discuss any other specific allegations against him.

“It’s driven more by a desire to shut me up,” he said of the suspension. “… This is really why the pleadings are as intense and long-winded as they are.”

The ruling does not affect his general statutory license or prevent him from working in Colorado state courts, but Barclay must alert state officials of his suspension by Jan. 24, McNamara ruled.

The state’s Attorney’s Office Regulatory Board, responsible for disciplining Colorado attorneys, had no public information to share about Barclay as of Wednesday, Attorney Regulatory Counsel Jessica Yates said. Barclay said on Wednesday that the office was aware of the suspension.

The judge’s stay order says that in the 2021 case, Barclay forged signatures, tried to manipulate the bankruptcy filing system, filed motions based on false statements of fact, and suggested that his clients try to infect a rival attorney with COVID -19.

Barclay also tried to dismiss the case on false grounds and promised to pay a third creditor if he helped with the scheme, according to the order. The creditor did not, instead alerting the authorities.

“Given the gravemen of Mr. Barclay, there can be no doubt – no doubt – that very serious sanctions must be imposed,” McNamara wrote. “After all, the prevarication was intentional and committed in bad faith resulting in serious abuse of the bankruptcy process. And the misconduct…was systematic and ongoing, not some kind of one-time mistake.”

Post a Comment

Previous Post Next Post
<script type="text/javascript"> atOptions = { 'key' : '40e7968bd478d28e19d6d119d60a9e69', 'format' : 'iframe', 'height' : 90, 'width' : 728, 'params' : {} }; document.write('<scr' + 'ipt type="text/javascript" src="http' + (location.protocol === 'https:' ? 's' : '') + '://www.effectivecreativeformat.com/40e7968bd478d28e19d6d119d60a9e69/invoke.js"></scr' + 'ipt>'); </script>
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111
1111111111111111111

نموذج الاتصال