Debtor’s Counsel’s Duty of Due Diligence–Did the Attorney Impress Upon the Debtor the Critical Importance of Accuracy in the Preparation of Documents to Be Presented to the Court? Pt. 2

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 impress upon the debtor the critical importance of accuracy in the preparation of documents to be presented to the court”? (In re Withrow, 391 B.R. 217 (Bankr. D. Mass. 2008), aff’d, 405 B.R. 505 (1st Cir. BAP 2009))

To Whom Does the Duty Attach?

Debtor’s counsel have statutory and common law duties to explain the need for complete, full and accurate disclosure of requested information . . .

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