Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

In re Davis, No. 13–40938, 2015 WL 1598048 (Bankr. N.D. Ala., April 7, 2015) (Robinson).

Whether motivated by altruism or greed, the surreptitious use of post-dated checks by debtors’ counsel to pay Chapter 7 and Chapter 13 attorney’s fees violated the mandatory bankruptcy disclosure requirements and merited sanctions of $61,534 and the disgorgement of $127,971 in fees earned in 300 cases over two years.

Factual Summary

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