Debtor’s Counsel’s Duty of Due Diligence–Was Any of the Information Provided by the Debtor and Then Set Forth in the Debtor’s Court Filings Internally Inconsistent?

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

 

“[W]as any of the information provided by the debtor and then set forth in the debtor’s court filings internally inconsistent--that is, was there anything which should have obviously alerted the attorney that the information provided by the debtor could not be accurate”? (In re Withrow, 391 B.R. 217 (Bankr. D. Mass. 2008), aff’d, 405 B.R. 505 (1st Cir. BAP 2009))

The fourth Withrow, test gives birth . . .

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