By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...
From the Editor – Dismissal
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By The Honorable William Houston Brown (Retired)
Omission of material information supported dismissal. Cause for dismissal of the case was found in the debtor’s omission of material information in the schedules and statement of financial affairs. Although the debtor corrected omissions through various amendments, that was done only after being caught because of ex-wife’s motion. The omissions, coupled with manipulation of income and expenses, were evidence of bad faith. In re Bouchard, 560 B.R. 385 (Bankr. D. R.I. 2016). See also Paulson v. U.S. Trustee (In re . . .
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