Debtor’s Counsel’s Duty of Due Diligence--Did the Attorney Employ Such External Verification Tools as Were Available and Not Time or Cost Prohibitive? Part 4 • NACTT Academy

Debtor’s Counsel’s Duty of Due Diligence–Did the Attorney Employ Such External Verification Tools as Were Available and Not Time or Cost Prohibitive? Part 4

By: Fredrick E. Clement. Mr. Clement is a Certified Specialist in Bankruptcy Law by The State Bar of California Board of Legal Specialization.

“[D]id the attorney employ such external verification tools as were available and not time or cost prohibitive (e.g., on-line real estate title compilations, on-line lien search, tax “scripts”)”? (In re Withrow, 391 B.R. 217 (Bankr. D. Mass. 2008), aff’d, 405 B.R. 505 (1st Cir. BAP 2009))

Every Debtor’s attorney has two recurrent nightmares. The first is that the Chapter 7 or the United States trustee will find . . .

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