Debtor’s Counsel’s Duty of Due Diligence – Did the Attorney Seek From the Debtor, and Then Review, Whatever Documents Were Within the Debtor’s Possession, Custody or Control in Order to Verify the Information Provided By the Debtor? Pt. 3

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 seek from the debtor, and then review, whatever documents were within the debtor’s possession, custody or control in order to verify the information provided by the debtor”? (In re Withrow, 391 B.R. 217 (Bankr. D. Mass. 2008), aff’d, 405 B.R. 505 (1st Cir. BAP 2009))

Poet Robert Browning once observed that “less is more.” Apparently Mr. Browning, was not thinking of the duty of due diligence, where more is . . .

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