By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article. Facts In Vieira v. Gaither (In re Gaither), Bankr. D. S.C., # 18-01317-dd, Adv. Pro. 18 80040-dd, Chapter 7 case; 11/30/18 opinion (Duncan); 2018 Bankr. LEXIS 3816, the Debtors’ son died in an aviation accident in...
From the Editor’s Desk – Attorney Fees and Issues
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By The Honorable William Houston Brown (Retired)
Out of state firm, and local counsel, representing debtors failed to provide adequate representation. Neither Florida law firm, which solicited business nationally as provider of mortgage defense and bankruptcy services, nor its local attorneys, provided adequate representation of Chapter 13 debtors when Florida firm failed to adequately supervise paralegals and legal assistants in preparation of petition and schedules, and local counsel recklessly provided ECF login and password to Florida firm. Attorneys also failed to attend hearing on motion to dismiss for filing deficiencies, which standing order required. Substitute attorney . . .
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